Congressional Record, Senate, October 19, 2020, Page S6075
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A page of the Congressional Record, Senate, dated October 19, 2020, beginning at page S6075, in a very long document. It opens with additional cosponsors of S. Res. 709, expressing the sense of the Senate that the announcements of full diplomatic relations between the State of Israel and the United Arab Emirates and the Kingdom of Bahrain are historic achievements. Mr. Schumer then introduces S. 4800, a bill to provide Coronavirus relief, and asks that the text be printed in the Record, which begins with a table of contents of divisions on small business, revenue, retirement, unemployed workers, transportation and agriculture provisions. The document ends with bill text on a study of systemic child sexual abuse.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, Senate, October 19, 2020, Page S6075.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-10-19-crec-2020-10-19-pt1-pgs6075-13e3e47699/
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6075
(Mr. VAN HOLLEN), the Senator from DIVISION E—SMALL BUSINESS Title II—Dairy
Montana (Mr. DAINES), the Senator PROVISIONS Title III—Specialty Crops and Other Com-
from Montana (Mr. TESTER), the Sen- Title I—Funding Provisions modities
ator from Oklahoma (Mr. INHOFE), the Title II—Modifications to the Paycheck Pro- Title IV—Commodity Credit Corporation
tection Program Title V—Conservation
Senator from Delaware (Mr. CARPER),
Title III—Tax Provisions Title VI—Nutrition
the Senator from Alabama (Mr. Title IV—COVID–19 Economic Injury Dis- Title VII—Rural Development
SHELBY), the Senator from Ohio (Mr. aster Loan Program Reform DIVISION O—COVID–19 HERO ACT
BROWN), the Senator from Ohio (Mr. Title V—Micro-SBIC and Equity Investment
PORTMAN) and the Senator from Illi- Enhancement Title I—Providing Medical Equipment for
nois (Mr. DURBIN) were added as co- Title VI—Miscellaneous First Responders and Essential
Workers
sponsors of S. Res. 709, a resolution ex- DIVISION F—REVENUE PROVISIONS
Title II—Protecting Renters and Home-
pressing the sense of the Senate that Title I—Economic Stimulus owners From Evictions and
the August 13, 2020, and September 11, Title II—Provisions to Prevent Business Foreclosures
2020, announcements of the establish- Interruption Title III—Protecting People Experiencing
ment of full diplomatic relations be- Title III—Net Operating Losses Homelessness
tween the State of Israel and the DIVISION G—RETIREMENT PROVISIONS Title IV—Suspending Negative Credit Re-
United Arab Emirates and the State of Title I—Relief for Multiemployer Pension porting and Strengthening Con-
Israel and the Kingdom of Bahrain are Plans sumer and Investor Protections
historic achievements. Title II—Relief for Single Employer Pension Title V—Protecting Student Borrowers
Plans Title VI—Standing Up for Small Businesses,
f Title III—Other Retirement Related Provi- Minority-Owned Businesses,
STATEMENTS ON INTRODUCED sions and Non-Profits
BILLS AND JOINT RESOLUTION DIVISION H—GIVING RETIREMENT Title VII—Promoting and Advancing Com-
OPTIONS TO WORKERS ACT munities of Color through In-
By Mr. SCHUMER: clusive Lending
DIVISION I—CONTINUED ASSISTANCE TO
S. 4800. A bill to provide Coronavirus Title VIII—Providing Assistance for State,
UNEMPLOYED WORKERS
relief; read the first time. Territory, Tribal, and Local
Mr. SCHUMER. Mr. President, I ask Title I—Extensions of CARES Act Unem-
Governments
ployment Benefits for Workers
unanimous consent that the text of the Title IX—Support for a Robust Global Re-
Title II—Additional Weeks of Benefit Eligi-
bill be printed in the RECORD. bility
sponse to the Covid–19 Pan-
There being no objection, the text of Title III—Clarifications and Improvements demic
the bill was ordered to be printed in to Pandemic Unemployment Title X—Providing Oversight and Protecting
the RECORD, as follows: Assistance Taxpayers
S. 4800 Title IV—Extension of Relief to States and DIVISION P—ACCESS ACT
Be it enacted by the Senate and House of Rep- Employers DIVISION Q—TRANSPORTATION AND
resentatives of the United States of America in Title V—Corrective Action for Processing INFRASTRUCTURE
Congress assembled, Backlogs
Title I—Aviation
SECTION 1. SHORT TITLE. Title VI—Additional Benefits for Mixed
Title II—Federal Emergency Management
This Act may be cited as ‘‘The Heroes Earners
Agency
Act’’. Title VII—Technical Corrections
Title III—Other matters
SEC. 2. TABLE OF CONTENTS. DIVISION J—EMERGENCY ASSISTANCE,
ELDER JUSTICE, AND CHILD AND FAM- DIVISION R—ACCOUNTABILITY AND
The table of contents for this Act is as fol-
ILY SUPPORT GOVERNMENT OPERATIONS
lows:
Sec. 1. Short Title. Title I—Emergency assistance Title I—Accountability
Sec. 2. Table of Contents. Title II—Reauthorization of Funding for Title II—Census Matters
Sec. 3. References. Programs to Prevent, Inves- Title III—Federal Workforce
DIVISION A—CORONAVIRUS RECOVERY tigate, and Prosecute Elder Title IV—Federal Contracting Provisions
SUPPLEMENTAL APPROPRIATIONS Abuse, Neglect, and Exploi- Title V—District of Columbia
ACT, 2021 tation Title VI—Other Matters
DIVISION B—PROVIDING RELIEF TO STU- Title III—Fairness for Seniors and People DIVISION S—FOREIGN AFFAIRS
DENTS, INSTITUTIONS OF HIGHER EDU- with Disabilities During PROVISIONS
CATION, LOCAL EDUCATIONAL AGEN- COVID–19 Title I—Matters Relating to the Department
CIES, AND STATE VOCATIONAL REHA- Title IV—Supporting Foster Youth and Fam- of State
BILITATION AGENCIES ilies through the Pandemic Title II—Global Health Security Act of 2020
Title I—Higher Education Provisions Title V—Pandemic State Flexibilities Title III—Securing America From Epidemics
Title II—Impact Aid and Migrant Education DIVISION K—HEALTH PROVISIONS Act
Coronavirus Relief Title I—Medicaid Provisions DIVISION T—JUDICIARY MATTERS
Title III—Career, Technical, and Adult Edu- Title II—Medicare Provisions
cation Title I—Immigration Matters
Title III—Private Insurance Provisions Title II—Prisons and jails
Title IV—Disability Employment Title IV—Application to Other Health Pro-
DIVISION C—PROTECTION FOR FAMILIES Title III—Victims of Crime Act Amendments
grams
AND WORKERS Title IV—Jabara-Heyer NO HATE Act
Title V—Public Health Policies
Title V—Bankruptcy Protections
Title I—Amendments to Emergency Family Title VI—Public Health Assistance
and Medical Leave Expansion Title VII—Vaccine Development, Distribu- DIVISION U—OTHER MATTERS
Act and Emergency Paid Sick tion, Administration, and Title I—Presumption of Service Connection
Leave Act Awareness for Coronavirus Disease 2019
Title II—COVID–19 Every Worker Protection Title VIII—Other Matters Title II—Coronavirus Relief Fund Amend-
Act of 2020 DIVISION L—VETERANS AND ments
Title III—COVID–19 Protections under SERVICEMEMBERS PROVISIONS Title III—Energy and Environment Provi-
Longshore and Harbor Workers’ sions
DIVISION M—CONSUMER PROTECTION
Compensation Act Title IV—Miscellaneous Matters
AND TELECOMMUNICATIONS PROVI-
Title IV—Worker’s Compensation for Fed- SEC. 3. REFERENCES.
SIONS
eral and Postal Employees Di-
Title I—COVID–19 Price Gouging Prevention Except as expressly provided otherwise,
agnosed with COVID–19
Title V—COVID–19 Workforce Development Title II—E–Rate Support for Wi-Fi Hotspots, any reference to ‘‘this Act’’ contained in any
Response Activities Other Equipment, Connected division of this Act shall be treated as refer-
Devices, and Connectivity ring only to the provisions of that division.
DIVISION D—HUMAN SERVICES AND
COMMUNITY SUPPORTS Title III—Emergency Benefit for Broadband DIVISION A—CORONAVIRUS RECOVERY
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Service SUPPLEMENTAL APPROPRIATIONS ACT,
Title I—Stronger Child Abuse Prevention
Title IV—Continued Connectivity 2021
and Treatment Title V—Don’t Break Up the T–Band
Title II—Child Nutrition and the Special The following sums are hereby appro-
Title VI—COVID–19 Compassion and Martha priated, out of any money in the Treasury
Supplemental Nutrition Pro-
Wright Prison Phone Justice not otherwise appropriated, for the fiscal
gram for Women, Infants, and
Children DIVISION N—AGRICULTURE PROVISIONS year ending September 30, 2021, and for other
Title III—Related Programs Title I—Livestock and Poultry purposes, namely:
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S6076 CONGRESSIONAL RECORD — SENATE October 19, 2020
TITLE I emergency food assistance program as au- Act of 1985 are designated by the Congress as
AGRICULTURE, RURAL DEVELOPMENT, thorized by section 27(a) of the Food and Nu- an emergency requirement pursuant to sec-
FOOD AND DRUG ADMINISTRATION, trition Act of 2008 (7 U.S.C. 2036(a)) and sec- tion 251(b)(2)(A)(i) of the Balanced Budget
AND RELATED AGENCIES tion 204(a)(1) of the Emergency Food Assist- and Emergency Deficit Control Act of 1985.
DEPARTMENT OF AGRICULTURE ance Act of 1983 (7 U.S.C. 7508(a)(1)): Provided, SEC. 106. For an additional amount for the
That such amount is designated by the Con- program established under section 7522 of the
AGRICULTURAL PROGRAMS
gress as being for an emergency requirement Food, Conservation, and Energy Act of 2008
OFFICE OF INSPECTOR GENERAL pursuant to section 251(b)(2)(A)(i) of the Bal- (7 U.S.C. 5936), to prevent, prepare for, and
For an additional amount for ‘‘Office of In- anced Budget and Emergency Deficit Control respond to coronavirus, $20,000,000: Provided,
spector General’’, $2,500,000, to remain avail- Act of 1985. That such amount is designated by the Con-
able until expended, to prevent, prepare for, DEPARTMENT OF HEALTH AND HUMAN gress as being for an emergency requirement
and respond to coronavirus, domestically or SERVICES pursuant to section 251(b)(2)(A)(i) of the Bal-
internationally: Provided, That the funding anced Budget and Emergency Deficit Control
made available under this heading in this FOOD AND DRUG ADMINISTRATION
Act of 1985.
Act shall be used for conducting audits and SALARIES AND EXPENSES
investigations of projects and activities car- SEC. 107. Section 11004 in title I of division
For an additional amount for ‘‘Salaries
ried out with funds made available to the De- B of the Coronavirus Aid, Relief, and Eco-
and Expenses’’, $1,500,000, to remain avail-
partment of Agriculture to prevent, prepare nomic Security Act (Public Law 116–136) is
able until expended, to prevent, prepare for,
for, and respond to coronavirus, domestically amended by inserting after the fourth pro-
and respond to coronavirus, domestically or
or internationally: Provided further, That viso the following: ‘‘Provided further, That
internationally, for the purposes of holding
such amounts shall be in addition to any the condition set forth in section 9003(f) of
one or more advisory committee meetings to
other amounts available for such purposes: the Farm Security and Rural Investment
discuss requests for authorization or applica-
Provided further, That such amount is des- Act of 2002 shall apply with respect to all
tions for approval of vaccines for
ignated by the Congress as being for an construction, alteration, or repair work car-
coronavirus: Provided, That such amount is
emergency requirement pursuant to section ried out, in whole or in part, with funds
designated by the Congress as being for an
251(b)(2)(A)(i) of the Balanced Budget and made available by this section:’’: Provided,
emergency requirement pursuant to section
Emergency Deficit Control Act of 1985. That amounts repurposed pursuant to the
251(b)(2)(A)(i) of the Balanced Budget and
amendments made pursuant to this section
RURAL DEVELOPMENT PROGRAMS Emergency Deficit Control Act of 1985.
are designated by the Congress as being for
RURAL HOUSING SERVICE GENERAL PROVISIONS—THIS TITLE an emergency requirement pursuant to sec-
SALARIES AND EXPENSES SEC. 101. For an additional amount for tion 251(b)(2)(A)(i) of the Balanced Budget
For an additional amount for ‘‘Salaries grants to Rural Utilities Service borrowers, and Emergency Deficit Control Act of 1985.
and Expenses’’, $10,000,000, to prevent, pre- as authorized in section 701 of division N of SEC. 108. For necessary expenses for salary
pare for, and respond to coronavirus, domes- this Act, to prevent, prepare for, and respond and related costs associated with Agri-
tically or internationally, including admin- to coronavirus, $2,600,000,000, to remain culture Quarantine and Inspection Services
istrative expenses: Provided, That such available until September 30, 2022: Provided, activities pursuant to 21 U.S.C. 136a(6), and
amounts shall be in addition to any other That such amount is designated by Congress in addition to any other funds made avail-
amounts available for such purposes: Pro- as being for an emergency requirement pur- able for this purpose, there is appropriated,
vided further, That such amount is des- suant to section 251(b)(2)(A)(i) of the Bal- out of any money in the Treasury not other-
ignated by the Congress as being for an anced Budget and Emergency Deficit Control wise appropriated, $350,000,000, to remain
emergency requirement pursuant to section Act of 1985. available until September 30, 2022, to offset
251(b)(2)(A)(i) of the Balanced Budget and SEC. 102. For an additional amount for the the loss resulting from the coronavirus pan-
Emergency Deficit Control Act of 1985. Commonwealth of the Northern Mariana Is- demic of quarantine and inspection fees col-
RENTAL ASSISTANCE PROGRAM lands, $14,000,000, for nutrition assistance to lected pursuant to sections 2508 and 2509 of
prevent, prepare for, and respond to the Food, Agriculture, Conservation, and
For an additional amount for ‘‘Rental As-
coronavirus: Provided, That such amounts Trade Act of 1990 (21 U.S.C. 136, 136a): Pro-
sistance Program’’, $309,000,000, to prevent,
shall be in addition to any other amounts vided, That amounts made available in this
prepare for, and respond to coronavirus, in-
available for such purposes: Provided further, section and under the heading ‘‘Animal and
cluding for temporary adjustment of wage
That such amount is designated by the Con- Plant Health Inspection Service—Salaries
income losses for residents of housing fi-
gress as being for an emergency requirement and Expenses’’ in the Coronavirus Aid, Re-
nanced or assisted under section 514, 515, or
pursuant to section 251(b)(2)(A)(i) of the Bal- lief, and Economic Security Act (Public Law
516 of the Housing Act of 1949, without regard
anced Budget and Emergency Deficit Control 116–136) shall be treated as funds collected by
to any existing eligibility requirements
Act of 1985. fees authorized under sections 2508 and 2509
based on income: Provided, That such
SEC. 103. For an additional amount for the of the Food, Agriculture, Conservation, and
amount is designated by the Congress as
Commonwealth of Puerto Rico, $1,236,000,000, Trade Act of 1990 (21 U.S.C. 136, 136a) for pur-
being for an emergency requirement pursu-
for nutrition assistance to prevent, prepare poses of section 421(f) of the Homeland Secu-
ant to section 251(b)(2)(A)(i) of the Balanced
for, and respond to coronavirus: Provided, rity Act of 2002 (6 U.S.C. 231(f)): Provided fur-
Budget and Emergency Deficit Control Act
That such amounts shall be in addition to ther, That, the amounts repurposed in this
of 1985.
any other amounts available for such pur- section that were previously designated by
DOMESTIC FOOD PROGRAMS poses: Provided further, That such amount is the Congress as an emergency requirement
FOOD AND NUTRITION SERVICE designated by the Congress as being for an pursuant to the Balanced Budget and Emer-
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM emergency requirement pursuant to section gency Deficit Control Act of 1985 are des-
FOR WOMEN, INFANTS, AND CHILDREN (WIC) 251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as an emergency re-
For an additional amount for the ‘‘Special Emergency Deficit Control Act of 1985. quirement pursuant to section 251(b)(2)(A)(i)
Supplemental Nutrition Program for SEC. 104. For an additional amount for of the Balanced Budget and Emergency Def-
Women, Infants, and Children’’, $400,000,000: American Samoa, $9,117,000, for nutrition as- icit Control Act of 1985: Provided further,
Provided, That such amount is designated by sistance to prevent, prepare for, and respond That such amount is designated by the Con-
the Congress as being for an emergency re- to coronavirus: Provided, That such amounts gress as being for an emergency requirement
quirement pursuant to section 251(b)(2)(A)(i) shall be in addition to any other amounts pursuant to section 251(b)(2)(A)(i) of the Bal-
of the Balanced Budget and Emergency Def- available for such purposes: Provided further, anced Budget and Emergency Deficit Control
icit Control Act of 1985. That such amount is designated by the Con- Act of 1985.
gress as being for an emergency requirement
SUPPLEMENTAL NUTRITION ASSISTANCE TITLE II
pursuant to section 251(b)(2)(A)(i) of the Bal-
PROGRAM
anced Budget and Emergency Deficit Control COMMERCE, JUSTICE, SCIENCE, AND
For an additional amount for ‘‘Supple- Act of 1985.
mental Nutrition Assistance Program’’, RELATED AGENCIES
SEC. 105. The matter preceding the first
$10,000,000,000, to prevent, prepare for, and re- proviso under the heading ‘‘Commodity As- DEPARTMENT OF COMMERCE
spond to coronavirus: Provided, That such sistance Program’’ in title I of division B of INTERNATIONAL TRADE ADMINISTRATION
amounts shall be in addition to any other the Coronavirus Aid, Relief, and Economic
amounts available for such purposes: Pro- Security Act (Public Law 116–136), is amend-
OPERATIONS AND ADMINISTRATION
vided further, That such amount is des- ed by striking ‘‘to prevent, prepare for, and For an additional amount for ‘‘Operations
ctelli on DSK11ZRN23PROD with SENATE
ignated by the Congress as being for an respond to coronavirus, domestically or and Administration’’, $20,000,000, to prevent,
emergency requirement pursuant to section internationally,’’: Provided, That the prepare for, and respond to coronavirus: Pro-
251(b)(2)(A)(i) of the Balanced Budget and amounts repurposed pursuant to the amend- vided, That such amount is designated by the
Emergency Deficit Control Act of 1985. ment made by this section that were pre- Congress as being for an emergency require-
COMMODITY ASSISTANCE PROGRAM viously designated by the Congress as an ment pursuant to section 251(b)(2)(A)(i) of
For an additional amount for ‘‘Commodity emergency requirement pursuant to the Bal- the Balanced Budget and Emergency Deficit
Assistance Program’’, $450,000,000, for the anced Budget and Emergency Deficit Control Control Act of 1985.
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6077
MINORITY BUSINESS DEVELOPMENT AGENCY NATIONAL OCEANIC AND ATMOSPHERIC Congress as an emergency requirement pur-
MINORITY BUSINESS DEVELOPMENT ADMINISTRATION suant to section 251(b)(2)(A)(i) of the Bal-
For an additional amount for ‘‘Minority PROCUREMENT, ACQUISITION AND CONSTRUCTION anced Budget and Emergency Deficit Control
Business Development’’, $25,000,000, for nec- For an additional amount for ‘‘Procure- Act of 1985.
essary expenses for the Business Centers and ment, Acquisition and Construction’’, SEC. 202. The Secretary of Commerce may
Specialty Centers, including any cost shar- $42,000,000, to prevent, prepare for, and re- waive, in whole or in part, the matching re-
ing requirements that may exist, for assist- spond to coronavirus, by supporting con- quirements under section 306 and 306A, and
ing minority business enterprises to prevent, tinuity of National Weather Service life and the cost sharing requirements under section
prepare for, and respond to coronavirus, in- property related operations: Provided, That 315, of the Coastal Zone Management Act of
cluding identifying and accessing local, such amount is designated by the Congress 1972 (16 U.S.C. 1455, 1455a, and 1461 respec-
State, and Federal government assistance re- as being for an emergency requirement pur- tively) as necessary for fiscal years 2020, 2021,
lated to such virus: Provided, That such suant to section 251(b)(2)(A)(i) of the Bal- and 2022 upon written request by a coastal
amount is designated by the Congress as anced Budget and Emergency Deficit Control State.
being for an emergency requirement pursu- SEC. 203. Amounts provided by this Act, or
Act of 1985.
ant to section 251(b)(2)(A)(i) of the Balanced any other Act making appropriations for fis-
FISHERIES PROMOTION FUND cal year 2021, for the Hollings Manufacturing
Budget and Emergency Deficit Control Act
For an additional amount for ‘‘Fisheries Extension Partnership under the heading
of 1985.
Promotion Fund’’, $100,000,000, to remain ‘‘National Institute of Standards and Tech-
BUREAU OF THE CENSUS available until September 30, 2022, to pre- nology—Industrial Technology Services’’
CURRENT SURVEYS AND PROGRAMS vent, prepare for, and respond to shall not be subject to cost share require-
(INCLUDING TRANSFER OF FUNDS) coronavirus, for grants authorized by the ments under section 25(e)(2) of the National
For an additional amount for ‘‘Current Saltonstall-Kennedy Act of 1954 (15 U.S.C. Institute of Standards and Technology Act
Surveys and Programs’’, $10,000,000: Provided, 713c): Provided, That within the amount ap- (15 U.S.C. 278k(e)(2)): Provided, That the au-
That such sums may be transferred to the propriated under this heading in this Act, up thority made available pursuant to this sec-
Bureau of the Census Working Capital Fund to 2 percent of funds may be transferred to tion shall be elective for any Manufacturing
for necessary expenses incurred as a result of the ‘‘Operations, Research, and Facilities’’ Extension Partnership Center that also re-
the coronavirus, including for payment of account for management, administration, ceives funding from a State that is condi-
salaries and leave to Bureau of the Census and oversight of funds provided under this tioned upon the application of a Federal cost
staff resulting from the suspension of data heading in this Act: Provided further, That sharing requirement.
collection for reimbursable surveys con- such transfer authority is in addition to any DEPARTMENT OF JUSTICE
ducted for other Federal agencies: Provided, other transfer authority provided by law:
Provided further, That such amount is des- FEDERAL PRISON SYSTEM
That such transfer authority is in addition
to any other transfer authority provided by ignated by the Congress as being for an SALARIES AND EXPENSES
law: Provided further, That such amount is emergency requirement pursuant to section For an additional amount for ‘‘Salaries
designated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and and Expenses’’, $620,000,000, to prevent, pre-
emergency requirement pursuant to section Emergency Deficit Control Act of 1985. pare for, and respond to coronavirus, includ-
251(b)(2)(A)(i) of the Balanced Budget and FISHERIES DISASTER ASSISTANCE ing the impact of coronavirus on the work of
Emergency Deficit Control Act of 1985. For an additional amount for ‘‘Fisheries the Department of Justice, to include fund-
PERIODIC CENSUSES AND PROGRAMS Disaster Assistance’’, $250,000,000, for activi- ing for medical testing and services, personal
For an additional amount for ‘‘Periodic ties authorized under section 12005 of the protective equipment, hygiene supplies and
Censuses and Programs’’, $400,000,000, to re- Coronavirus Aid, Relief, and Economic Secu- services, and sanitation services: Provided,
main available until September 30, 2022, to rity Act of 2020 (Public Law 116–136), includ- That such amount is designated by the Con-
prevent, prepare for, and respond to ing for necessary expenses to provide assist- gress as being for an emergency requirement
coronavirus: Provided, That such amount is ance to Tribal, subsistence, commercial, and pursuant to section 251(b)(2)(A)(i) of the Bal-
designated by the Congress as being for an charter fishery participants affected by the anced Budget and Emergency Deficit Control
emergency requirement pursuant to section novel coronavirus (COVID–19), which may in- Act of 1985.
251(b)(2)(A)(i) of the Balanced Budget and clude direct relief payments: Provided, That OFFICE OF INSPECTOR GENERAL
Emergency Deficit Control Act of 1985. of the funds provided under this heading in For an additional amount for ‘‘Office of In-
UNITED STATES PATENT AND TRADEMARK this Act, $25,000,000 shall be for Tribal fish- spector General’’, $3,000,000, to remain avail-
OFFICE ery participants who belong to Federally rec- able until expended to prevent, prepare for,
SALARIES AND EXPENSES
ognized Tribes in any of the Nation’s States and respond to coronavirus, including the
and territories: Provided further, That such impact of coronavirus on the work of the De-
For an additional amount for ‘‘United
amount is designated by the Congress as partment of Justice and to carry out inves-
States Patent and Trademark Office, Sala-
being for an emergency requirement pursu- tigations and audits related to the funding
ries and Expenses’’, $95,000,000, to prevent,
ant to section 251(b)(2)(A)(i) of the Balanced made available for the Department of Jus-
prepare for, and respond to coronavirus: Pro-
Budget and Emergency Deficit Control Act tice in this Act and in title II of division B
vided, That such amount is designated by the
of 1985. of Public Law 116–136: Provided, That such
Congress as being for an emergency require-
DEPARTMENTAL MANAGEMENT amount is designated by the Congress as
ment pursuant to section 251(b)(2)(A)(i) of
OFFICE OF INSPECTOR GENERAL being for an emergency requirement pursu-
the Balanced Budget and Emergency Deficit
ant to section 251(b)(2)(A)(i) of the Balanced
Control Act of 1985. For an additional amount for ‘‘Office of In-
Budget and Emergency Deficit Control Act
NATIONAL INSTITUTE OF STANDARDS AND spector General’’, $2,000,000, to remain avail-
of 1985.
TECHNOLOGY able until expended to prevent, prepare for,
and respond to coronavirus, including the STATE AND LOCAL LAW ENFORCEMENT
INDUSTRIAL TECHNOLOGY SERVICES
impact of coronavirus on the work of the De- ACTIVITIES
For an additional amount for ‘‘Industrial
partment of Commerce and to carry out in- OFFICE ON VIOLENCE AGAINST WOMEN
Technology Services’’, $70,000,000, of which
$50,000,000 shall be for the Hollings Manufac- vestigations and audits related to the fund- VIOLENCE AGAINST WOMEN PREVENTION AND
turing Extension Partnership to assist man- ing made available for the Department of PROSECUTION PROGRAMS
ufacturers to prevent, prepare for, and re- Commerce in this Act and in title II of divi- For an additional amount for ‘‘Violence
spond to coronavirus, and $20,000,000 shall be sion B of Public Law 116–136: Provided, That Against Women Prevention and Prosecution
for the National Network for Manufacturing such amount is designated by the Congress Programs’’, $375,000,000, to remain available
Innovation (also known as ‘‘Manufacturing as being for an emergency requirement pur- until expended, of which—
USA’’) to prevent, prepare for, and respond suant to section 251(b)(2)(A)(i) of the Bal- (1) $100,000,000 is for formula grants to
to coronavirus, including to support develop- anced Budget and Emergency Deficit Control States and territories to combat violence
ment and manufacturing of medical counter- Act of 1985. against women, as authorized by part T of
measures and biomedical equipment and sup- ADMINISTRATIVE PROVISIONS—DEPARTMENT OF title I of the Omnibus Crime Control and
plies: Provided, That none of the funds pro- COMMERCE Safe Streets Acts of 1968;
vided under this heading in this Act shall be SEC. 201. Notwithstanding any other provi- (2) $40,000,000 is for transitional housing as-
subject to cost share requirements under sec- sion of law, the Federal share for grants pro- sistance grants for victims of domestic vio-
tion 34(e)(7)(A) of the National Institute of vided by the Economic Development Admin- lence, dating violence, stalking, or sexual as-
ctelli on DSK11ZRN23PROD with SENATE
Standards and Technology Act (15 U.S.C. istration under Public Law 116–93 and Public sault, as authorized by section 40299 of the
278s(e)(7)(A)): Provided further, That such Law 116–136 shall be 100 percent: Provided, Violent Crime Control and Law Enforcement
amount is designated by the Congress as That the amounts repurposed in this section Act of 1994 (Public Law 103–322; ‘‘1994 Act’’);
being for an emergency requirement pursu- that were previously designated by the Con- (3) $100,000,000 is for formula grants to
ant to section 251(b)(2)(A)(i) of the Balanced gress as an emergency requirement pursuant States and territories for sexual assault vic-
Budget and Emergency Deficit Control Act to the Balanced Budget and Emergency Def- tims assistance, as authorized by section
of 1985. icit Control Act of 1985 are designated by the 41601 of the 1994 Act;
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S6078 CONGRESSIONAL RECORD — SENATE October 19, 2020
(4) $20,000,000 is for rural domestic violence emergency requirement pursuant to section and Medicine (National Academies) to con-
and child abuse enforcement assistance 251(b)(2)(A)(i) of the Balanced Budget and duct a study on the current understanding of
grants, as authorized by section 40295 of the Emergency Deficit Control Act of 1985. the spread of COVID–19-related
1994 Act; JUVENILE JUSTICE PROGRAMS disinformation on the internet and social
(5) $15,000,000 is for grants to support fami- For an additional amount for ‘‘Juvenile media platforms. The study shall address the
lies in the justice system, as authorized by Justice Programs’’, $100,000,000, to remain following:
section 1301 of the Victims of Trafficking and available until expended, to prevent, prepare (1) the role disinformation and misin-
Violence Protection Act of 2000 (Public Law for, and respond to coronavirus, of which formation has played in the public response
106–386); $50,000,000 shall be for juvenile justice pro- to COVID–19;
(6) $50,000,000 is for grants to Tribal govern- grams authorized by section 221 of the Juve- (2) the sources of COVID–19-related
ments, Tribal coalitions, Tribal non-profit nile Justice and Delinquency Prevention Act disinformation—both foreign and domestic—
organizations and Tribal organizations that of 1974, and $50,000,000 shall be for programs and the mechanisms by which that
serve Native victims for purposes authorized authorized by the Victims of Child Abuse disinformation influences the public debate;
under 34 U.S.C. 10441(d), 34 U.S.C. 12511(d), 34 Act of 1990: Provided, That funds made avail- (3) the role social media plays in the dis-
U.S.C. 10452 and 34 U.S.C. 12511(e); able under this heading in this Act shall be semination and promotion of COVID–19
(7) $25,000,000 is for grants to enhance cul- made available without any otherwise appli- disinformation and misinformation content
turally specific services for victims of do- cable requirement that a recipient of such and the role social media platforms play in
mestic violence, dating violence, sexual as- funds provide any other Federal funds, or the organization of groups seeking to spread
sault, and stalking, as authorized under 34 any non-Federal funds, as a condition for re- COVID–19 disinformation;
U.S.C. 20124 (commonly referred to as the ceiving the funds made available under such (4) the potential financial returns for cre-
‘‘Culturally Specific Services Program’’); heading: Provided further, That such amount ators or distributors of COVID–19
and is designated by the Congress as being for an disinformation, and the role such financial
(8) $25,000,000 is for grants for outreach and emergency requirement pursuant to section incentives play in the propagation of COVID–
services to underserved populations as au- 251(b)(2)(A)(i) of the Balanced Budget and 19 disinformation;
thorized under 34 U.S.C. 20123 (commonly re- Emergency Deficit Control Act of 1985. (5) potential strategies to mitigate the dis-
ferred to as the ‘‘Underserved Program’’): semination and negative impacts of COVID–
Provided, That a recipient of such funds shall SCIENCE
19 disinformation, including specifically, the
not be subject, as a condition for receiving NATIONAL SCIENCE FOUNDATION dissemination of disinformation on social
the funds, to any otherwise-applicable re- RESEARCH AND RELATED ACTIVITIES media, including through improved disclo-
quirement to provide or obtain other Federal (INCLUDING TRANSFER OF FUNDS) sures; and
or non-Federal funds: Provided further, That For an additional amount for ‘‘Research (6) an analysis of the limitations of these
such amount is designated by the Congress and Related Activities’’, $2,587,000,000, to re- mitigation strategies, and an analysis of how
as being for an emergency requirement pur- main available until September 30, 2022, to these strategies can be implemented without
suant to section 251(b)(2)(A)(i) of the Bal- prevent, prepare for, and respond to infringing on Americans’ Constitutional
anced Budget and Emergency Deficit Control coronavirus, including to fund research rights and civil liberties.
Act of 1985. grants: Provided, That up to $2,537,000,000 (b) REPORT.—In entering into an arrange-
OFFICE OF JUSTICE PROGRAMS shall be for necessary expenses, including ex- ment under this section, the Director shall
STATE AND LOCAL LAW ENFORCEMENT tensions of existing research grants, coopera- request that the National Academies trans-
ASSISTANCE tive agreements, scholarships, fellowships, mit to Congress a report on the results of the
For an additional amount for ‘‘State and and apprenticeships: Provided further, That study not later than 12 months after the date
Local Law Enforcement Assistance’’, $1,000,000 shall be for a study on the spread of of enactment of this Act.
(c) AUTHORIZATION.—There is authorized to
$250,000,000, to remain available until ex- COVID–19 related disinformation, as de-
be appropriated for the purposes of con-
pended, for offender reentry programs and scribed in section 204 of this Act: Provided
ducting the study in this section $1,000,000.
research, as authorized by the Second further, That, of the amount appropriated
Chance Act of 2007 (Public Law 110–199) and under this heading in this Act, up to 2 per- RELATED AGENCIES
by the Second Chance Reauthorization Act cent of funds may be transferred to the LEGAL SERVICES CORPORATION
of 2018 (Public Law 115–391), without regard ‘‘Agency Operations and Award Manage- PAYMENT TO THE LEGAL SERVICES
to the time limitations specified at section ment’’ account for management, administra- CORPORATION
6(1) of such Act, to prevent, prepare for, and tion, and oversight of funds provided under For an additional amount for ‘‘Payment to
respond to coronavirus: Provided, That a re- this heading in this Act: Provided further, the Legal Services Corporation’’, $100,000,000,
cipient of funds made available under this That such transfer authority is in addition for the same purposes and subject to the
heading in this Act shall not be subject, as a to any other transfer authority provided by same conditions as the appropriations for fis-
condition for receiving the funds, to any oth- law: Provided further, That such amount is cal year 2020 under this heading in title II of
erwise-applicable requirement to provide or designated by the Congress as being for an division B of the CARES Act (Public Law
obtain other Federal or non-Federal funds: emergency requirement pursuant to section 116–136): Provided, That such amount is des-
Provided further, That such amount is des- 251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as being for an
ignated by the Congress as being for an Emergency Deficit Control Act of 1985. emergency requirement pursuant to section
emergency requirement pursuant to section EDUCATION AND HUMAN RESOURCES 251(b)(2)(A)(i) of the Balanced Budget and
251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Education Emergency Deficit Control Act of 1985.
Emergency Deficit Control Act of 1985. and Human Resources’’, $300,000,000, to re- TITLE III
For an additional amount for ‘‘State and main available until September 30, 2022, to
Local Law Enforcement Assistance’’, DEPARTMENT OF DEFENSE
prevent, prepare for, and respond to
$600,000,000, to remain available until ex- OPERATION AND MAINTENANCE
coronavirus, including extensions of existing
pended, for grants, contracts, cooperative research grants, cooperative agreements, OPERATION AND MAINTENANCE, ARMY
agreements, and other assistance as author- scholarships, fellowships, and apprentice- For an additional amount for ‘‘Operation
ized by the Pandemic Justice Response Act ships: Provided, That, of the amount appro- and Maintenance, Army’’, $100,000,000, to pre-
(title II of division T of this Act, referred to priated under this heading in this Act, up to vent, prepare for, and respond to
in this paragraph as ‘‘the Act’’): Provided, 2 percent of funds may be transferred to the coronavirus, domestically or internation-
That $500,000,000 is to establish and imple- ‘‘Agency Operations and Award Manage- ally: Provided, That such amount is des-
ment policies and procedures to prevent, de- ment’’ account for management, administra- ignated by the Congress as being for an
tect, and stop the presence and spread of tion, and oversight of funds provided under emergency requirement pursuant to section
COVID–19 among arrestees, detainees, in- this heading in this Act: Provided further, 251(b)(2)(A)(i) of the Balanced Budget and
mates, correctional facility staff, and visi- That such transfer authority is in addition Emergency Deficit Control Act of 1985.
tors to the facilities; and for pretrial cita- to any other transfer authority provided by OPERATION AND MAINTENANCE, NAVY
tion and release grants, as authorized by the law: Provided further, That such amount is
Act: Provided further, That $25,000,000 is for For an additional amount for ‘‘Operation
designated by the Congress as being for an and Maintenance, Navy’’, $100,000,000, to pre-
Rapid COVID–19 Testing, as authorized by emergency requirement pursuant to section
the Act: Provided further, That $75,000,000 is vent, prepare for, and respond to
251(b)(2)(A)(i) of the Balanced Budget and coronavirus, domestically or internation-
for grants for Juvenile Specific Services, as Emergency Deficit Control Act of 1985.
authorized by the Act: Provided further, That ally: Provided, That such amount is des-
ctelli on DSK11ZRN23PROD with SENATE
ADMINISTRATIVE PROVISION—SCIENCE ignated by the Congress as being for an
a recipient of funds made available under
this heading in this Act shall not be subject, STUDY ON COVID–19 DISINFORMATION emergency requirement pursuant to section
as a condition for receiving the funds, to any SEC. 204. (a) STUDY.—No later than 30 days 251(b)(2)(A)(i) of the Balanced Budget and
otherwise-applicable requirement to provide after the date of enactment of this Act, the Emergency Deficit Control Act of 1985.
or obtain other Federal or non-Federal Director of the National Science Foundation OPERATION AND MAINTENANCE, MARINE CORPS
funds: Provided further, That such amount is shall enter into an arrangement with the Na- For an additional amount for ‘‘Operation
designated by the Congress as being for an tional Academies of Science, Engineering, and Maintenance, Marine Corps’’, $10,000,000,
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6079
to prevent, prepare for, and respond to to the Committees on Appropriations of the quirement pursuant to section 251(b)(2)(A)(i)
coronavirus, domestically or internation- House of Representatives and the Senate a of the Balanced Budget and Emergency Def-
ally: Provided, That such amount is des- spend plan on the use of funds made avail- icit Control Act of 1985.
ignated by the Congress as being for an able by this section: Provided further, That DEPARTMENTAL ADMINISTRATION
emergency requirement pursuant to section such amount is designated by the Congress For an additional amount for ‘‘Depart-
251(b)(2)(A)(i) of the Balanced Budget and as being for an emergency requirement pur- mental Administration’’, $1,300,000, to pre-
Emergency Deficit Control Act of 1985. suant to section 251(b)(2)(A)(i) of the Bal- vent, prepare for, and respond to
OPERATION AND MAINTENANCE, AIR FORCE anced Budget and Emergency Deficit Control coronavirus, domestically or internation-
Act of 1985. ally, including for necessary expenses re-
For an additional amount for ‘‘Operation
SEC. 303. For an additional amount for
and Maintenance, Air Force’’, $100,000,000, to lated to personal protective equipment: Pro-
‘‘Operation and Maintenance, Air Force’’,
prevent, prepare for, and respond to vided,That such amount is designated by the
$500,000,000, to prevent, prepare for, and re-
coronavirus, domestically or internation- Congress as being for an emergency require-
spond to coronavirus, domestically or inter-
ally: Provided, That such amount is des- ment pursuant to section 251(b)(2)(A)(i) of
nationally: Provided, That such amount shall
ignated by the Congress as being for an the Balanced Budget and Emergency Deficit
be used for necessary expenses, including sal-
emergency requirement pursuant to section Control Act of 1985.
aries, cleaning, utilities and personal protec-
251(b)(2)(A)(i) of the Balanced Budget and GENERAL PROVISIONS—THIS TITLE
tive equipment, for recreational entities,
Emergency Deficit Control Act of 1985. SEC. 401. Funds appropriated in this title
childcare development centers and other en-
OPERATION AND MAINTENANCE, DEFENSE-WIDE tities affected by the coronavirus that derive may be made available to restore amounts,
For an additional amount for ‘‘Operation funding from non-appropriated accounts: either directly or through reimbursement,
and Maintenance, Defense-Wide’’, $10,000,000, Provided, That prior to the obligation of such for obligations incurred for the same pur-
to prevent, prepare for, and respond to funds the Secretary of the Air Force shall poses to prevent, prepare for, and respond to
coronavirus, domestically or internation- submit to the Committees on Appropriations coronavirus prior to the date of enactment of
ally: Provided, That such amount is des- of the House of Representatives and the Sen- this Act.
ignated by the Congress as being for an ate a spend plan on the use of funds made SEC. 402. (a) Requirements relating to non-
emergency requirement pursuant to section available by this section: Provided further, Federal cost-share grants and cooperative
251(b)(2)(A)(i) of the Balanced Budget and That such amount is designated by the Con- agreements for the Delta Regional Authority
Emergency Deficit Control Act of 1985. gress as being for an emergency requirement under section 382D of the Agricultural Act of
OTHER DEPARTMENT OF DEFENSE pursuant to section 251(b)(2)(A)(i) of the Bal- 1961 and Consolidated Farm and Rural Devel-
PROGRAMS anced Budget and Emergency Deficit Control opment Act (7 U.S.C. 2009aa—3) are waived
Act of 1985. for grants awarded in fiscal year 2020 and in
DEFENSE HEALTH PROGRAM subsequent years in response to economic
SEC. 304. For an additional amount for
For an additional amount for ‘‘Defense ‘‘Operation and Maintenance, Marine Corps’’, distress directly related to the impacts of
Health Program’’, $705,000,000, of which $100,000,000, to prevent, prepare for, and re- the Coronavirus Disease (COVID-19).
$175,000,000 shall be for operation and main- spond to coronavirus, domestically or inter- (b) Requirements relating to non-Federal
tenance, and $530,000,000 shall be for re- nationally: Provided, That such amount shall cost-share grants and cooperative agree-
search, development, test and evaluation, to be used for necessary expenses, including sal- ments for the Northern Border Regional
prevent, prepare for, and respond to aries, cleaning, utilities and personal protec- Commission under section 15501(d) of title 40,
coronavirus, domestically or internation- tive equipment, for recreational entities, United States Code, are waived for grants
ally: Provided, That prior to the obligation of childcare development centers and other en- awarded in fiscal year 2020 and in subsequent
such funds the Assistant Secretary of De- tities affected by the coronavirus that derive years in response to economic distress di-
fense (Health Affairs) shall submit to the funding from non-appropriated accounts: rectly related to the impacts of the
Committees on Appropriations of the House Provided, That prior to the obligation of such Coronavirus Disease (COVID-19).
of Representatives and the Senate a spend funds the Secretary of the Navy shall submit (c) Requirements relating to non-Federal
plan on the use of funds made available to the Committees on Appropriations of the cost-share grants and cooperative agree-
under this heading in this Act: Provided fur- House of Representatives and the Senate a ments for the Denali Commission are waived
ther, That such amount is designated by the spend plan on the use of funds made avail- for grants awarded in fiscal year 2020 and in
Congress as being for an emergency require- able by this section: Provided further, That subsequent years in response to economic
ment pursuant to section 251(b)(2)(A)(i) of such amount is designated by the Congress distress directly related to the impacts of
the Balanced Budget and Emergency Deficit as being for an emergency requirement pur- the Coronavirus Disease (COVID-19).
Control Act of 1985. suant to section 251(b)(2)(A)(i) of the Bal- (d) Amounts repurposed pursuant to this
GENERAL PROVISIONS—THIS TITLE anced Budget and Emergency Deficit Control section that were previously designated by
Act of 1985. the Congress as an emergency requirement
SEC. 301. For an additional amount for
pursuant to the Balanced Budget and Emer-
‘‘Operation and Maintenance, Army’’, TITLE IV
gency Deficit Control Act of 1985 are des-
$400,000,000, to prevent, prepare for, and re- ENERGY AND WATER ignated by the Congress as an emergency re-
spond to coronavirus, domestically or inter- DEPARTMENT OF THE INTERIOR quirement pursuant to section 251(b)(2)(A)(i)
nationally: Provided, That such amount shall
BUREAU OF RECLAMATION of the Balanced Budget and Emergency Def-
be used for necessary expenses, including sal-
WATER AND RELATED RESOURCES
icit Control Act of 1985.
aries, cleaning, utilities and personal protec-
tive equipment, for recreational entities, For an additional amount for ‘‘Water and TITLE V
childcare development centers and other en- Related Resources’’, $7,000,000, to prevent, FINANCIAL SERVICES AND GENERAL
tities affected by the coronavirus that derive prepare for, and respond to coronavirus, do- GOVERNMENT
funding from non-appropriated accounts: mestically or internationally: Provided, That DEPARTMENT OF THE TREASURY
Provided, That prior to the obligation of such such amount is designated by the Congress DEPARTMENTAL OFFICES
funds the Secretary of the Army shall sub- as being for an emergency requirement pur-
OFFICE OF INSPECTOR GENERAL
mit to the Committees on Appropriations of suant to section 251(b)(2)(A)(i) of the Bal-
the House of Representatives and the Senate anced Budget and Emergency Deficit Control SALARIES AND EXPENSES
a spend plan on the use of funds made avail- Act of 1985. For an additional amount for ‘‘Salaries
able by this section: Provided further, That DEPARTMENT OF ENERGY and Expenses’’, $35,000,000, to remain avail-
such amount is designated by the Congress able until expended, to conduct monitoring
ENERGY PROGRAMS
as being for an emergency requirement pur- and oversight of the receipt, disbursement,
suant to section 251(b)(2)(A)(i) of the Bal- SCIENCE and use of funds made available under the
anced Budget and Emergency Deficit Control For an additional amount for ‘‘Science’’, ‘‘Coronavirus State Fiscal Relief Fund’’ and
Act of 1985. $143,000,000, for necessary expenses to offset the ‘‘Coronavirus Local Fiscal Relief Fund’’
SEC. 302. For an additional amount for the costs of impacts due to the coronavirus (collectively, ‘‘Fiscal Relief Funds’’): Pro-
‘‘Operation and Maintenance, Navy’’, pandemic or public health measures related vided, That, if the Inspector General of the
$400,000,000, to prevent, prepare for, and re- to the coronavirus pandemic for the fol- Department of the Treasury determines that
spond to coronavirus, domestically or inter- lowing projects: an entity receiving a payment from amounts
nationally: Provided, That such amount shall (1) Core Facility Revitalization, provided by the Fiscal Relief Funds has
be used for necessary expenses, including sal- (2) Large Synoptic Survey Telescope Cam- failed to comply with the provisions gov-
ctelli on DSK11ZRN23PROD with SENATE
aries, cleaning, utilities and personal protec- era, erning the use of such funding, the Inspector
tive equipment, for recreational entities, (3) Linac Coherent Light Source II, General shall transmit any relevant informa-
childcare development centers and other en- (4) Muon to Electron Conversion Experi- tion related to such determination to the
tities affected by the coronavirus that derive ment, and Committees on Appropriations of the House
funding from non-appropriated accounts: (5) Super Cryogenic Dark Matter Search: of Representatives and the Senate not later
Provided, That prior to the obligation of such Provided,That such amount is designated by than 5 days after any such determination is
funds the Secretary of the Navy shall submit the Congress as being for an emergency re- made: Provided further, That such amount is
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S6080 CONGRESSIONAL RECORD — SENATE October 19, 2020
designated by the Congress as being for an Department of the Treasury the date and amount is designated by the Congress as
emergency requirement pursuant to section amount of all fund disbursements, broken being for an emergency requirement pursu-
251(b)(2)(A)(i) of the Balanced Budget and down by individual Tribal government re- ant to section 251(b)(2)(A)(i) of the Balanced
Emergency Deficit Control Act of 1985. cipient; and Budget and Emergency Deficit Control Act
TREASURY INSPECTOR GENERAL FOR TAX (3) $238,000,000,000 shall be for making pay- of 1985.
ADMINISTRATION ments to each of the 50 States and the Dis- CORONAVIRUS LOCAL FISCAL RELIEF FUND
SALARIES AND EXPENSES trict of Columbia, of which— For making payments to metropolitan cit-
(A) an amount equal to $1,250,000,000 less ies, counties, and other units of general local
For an additional amount for ‘‘Salaries
the amount allocated for the District of Co- government to mitigate the fiscal effects
and Expenses’’, $2,500,000, to remain avail-
lumbia pursuant to section 601(c)(6) of the stemming from the public health emergency
able until expended, to prevent, prepare for,
Social Security Act, shall only be for pay- with respect to the Coronavirus Disease
and respond to coronavirus, domestically or
ment to the District of Columbia, in addition (COVID–19), $179,000,000,000, to remain avail-
internationally: Provided, That such amount
to any other funding available for such pur- able until expended, which shall be in addi-
is designated by the Congress as being for an
pose (including payments under subpara- tion to any other amounts available for
emergency requirement pursuant to section
graph (B) of this paragraph): Provided, That making payments to metropolitan cities,
251(b)(2)(A)(i) of the Balanced Budget and
the Secretary of the Treasury shall pay all counties, and other units of general local
Emergency Deficit Control Act of 1985.
amounts provided by this section directly to government (including payments made under
HOMEOWNER ASSISTANCE FUND the District of Columbia not less than 5 days section 601 of the Social Security Act), of
For activities and assistance authorized in after the date of enactment of this Act; and which—
section 202 of division O of this Act, (B) the remainder shall be allocated be- (1) $89,500,000,000 shall be for making pay-
$21,000,000,000, to remain available until ex- tween each such entity in an amount which ments to metropolitan cities and other units
pended: Provided, That such amount is des- bears the same proportion to the total of general local government (as those terms
ignated by the Congress as being for an amount provided under this paragraph as the are defined in section 102 of the Housing and
emergency requirement pursuant to section average estimated number of seasonally-ad- Community Development Act of 1974 (42
251(b)(2)(A)(i) of the Balanced Budget and justed unemployed individuals (as measured U.S.C. 5302)), of which—
Emergency Deficit Control Act of 1985. by the Bureau of Labor Statistics Local Area (A) $62,650,000,000 shall be allocated pursu-
CORONAVIRUS STATE FISCAL RELIEF FUND Unemployment Statistics program) in each ant to the formula under section 106(b)(1) of
For making payments to States, terri- such entity in August 2020 bears to the aver- the Housing and Community Development
tories, and Tribal governments to mitigate age estimated number of seasonally-adjusted Act of 1974 (42 U.S.C. 5306(b)(1)) to metropoli-
the fiscal effects stemming from the public unemployed individuals in all such entities: tan cities (as defined in section 102(a)(4) of
health emergency with respect to the Provided, That the Secretary of the Treasury such Act (42 U.S.C. 5302(a)(4)), including met-
Coronavirus Disease (COVID–19), shall adjust, on a pro rata basis, the amount ropolitan cities that have relinquished or de-
$257,000,000,000 to remain available until ex- allocated to each such entity pursuant to the ferred their status as a metropolitan city as
pended, which shall be in addition to any matter preceding this proviso in this para- of the date of enactment of this Act; and
other amounts available for making pay- graph to the extent necessary to ensure a (B) $26,850,000,000 shall be distributed to
ments to States, territories, and Tribal gov- minimum payment of $500,000,000 to each each State (as that term is defined in section
ernments for any purpose (including pay- such entity: 102 of the Housing and Community Develop-
ments made under section 601 of the Social Provided, That any entity receiving a pay- ment Act of 1974 (42 U.S.C. 5302)) for use by
Security Act), of which: ment from funds made available under this units of general local government, other
(1) $9,500,000,000 shall be for making pay- heading in this Act shall only use such than counties or parishes, in nonentitlement
ments to the Commonwealth of Puerto Rico, amounts to respond to, mitigate, cover costs areas (as defined in such section 102) of such
United States Virgin Islands, Guam, Com- or replace foregone revenues not projected States in an amount which bears the same
monwealth of the Northern Mariana Islands, on January 31, 2020 stemming from the pub- proportion to the total amount provided
lic health emergency, or its negative eco-
and American Samoa: Provided, That of the under this subparagraph as the total popu-
nomic impacts, with respect to the
amount made available in this paragraph, lation of such units of general local govern-
Coronavirus Disease (COVID–19): Provided
half shall be allocated equally among each ment within the State bears to the total pop-
further, That if the Inspector General of the
entity specified in this paragraph, and half ulation of all such units of general local gov-
Department of the Treasury determines that
shall be allocated as an additional amount to ernment in all such States: Provided, That a
an entity receiving a payment from amounts
each such entity in an amount which bears State shall pass-through the amounts re-
provided under this heading has failed to
the same proportion to half of the total ceived under this subparagraph, within 30
comply with the preceding proviso, the
amount provided under this paragraph as the days of receipt, to each such unit of general
amount equal to the amount of funds used in
relative population of each such entity bears local government in an amount that bears
violation of such proviso shall be booked as
to the total population of all such entities; a debt of such entity owed to the Federal the same proportion to the amount distrib-
(2) $9,500,000,000 shall be for making pay- Government, and any amounts recovered uted to each such State as the population of
ments to Tribal governments, of which— shall be deposited into the general fund of such unit of general local government bears
(A) $1,000,000,000 shall be allocated equally the Treasury as discretionary offsetting re- to the total population of all such units of
between each Tribal government; and ceipts: Provided further, That for purposes of general local government within each such
(B) $8,500,000,000 shall be allocated as an the preceding provisos under this heading in State: Provided further, That if a State has
additional amount to each Tribal govern- this Act, the population of each entity de- not elected to distribute amounts allocated
ment in an amount determined by the Sec- scribed in any such proviso shall be deter- under this paragraph, the Secretary of the
retary of the Treasury, in consultation with mined based on the most recent year for Treasury shall pay the applicable amounts
the Secretary of the Interior and Tribal gov- which data are available from the Bureau of under this subparagraph to such units of gen-
ernments, that is based on increased aggre- the Census, or in the case of an Indian tribe, eral local government in the State not later
gate expenditures of each such Tribal gov- shall be determined based on data certified than 30 days after the date on which the
ernment (or a tribally-owned entity of such by the Tribal government: Provided further, State would otherwise have received the
Tribal government) in fiscal year 2020 rel- That an entity receiving a payment from amounts from the Secretary; and
ative to aggregate expenditures in fiscal amounts provided under this heading may (2) $89,500,000,000 shall be paid directly to
year 2019 by the Tribal government (or trib- transfer funds to a private nonprofit organi- counties within the 50 States, the District of
ally-owned entity) and determined in such zation (as that term is defined in paragraph Columbia, the Commonwealth of Puerto
manner as the Secretary determines appro- (17) of section 401 of the McKinney-Vento Rico, the United States Virgin Islands,
priate to ensure that all amounts available Homeless Assistance Act (42 U.S.C. 11360(17)), Guam, the Commonwealth of the Northern
pursuant to this subparagraph are distrib- or to a special-purpose unit of local govern- Mariana Islands, and American Samoa in an
uted to Tribal governments: ment or a multi-state entity involved in the amount which bears the same proportion to
Provided, That not later than 24 hours before transportation of passengers or cargo: Pro- the total amount provided under this para-
any payments for Tribal governments are vided further, That as used under this head- graph as the relative population of each such
distributed by the Secretary of the Treasury ing in this Act, the term ‘‘Tribal govern- county bears to the total population of all
pursuant to this paragraph, the Secretary of ment’’ has the same meaning as specified in such entities: Provided, That no county that
the Treasury shall publish on the website of section 601(g) of the Social Security Act (42 is an ‘‘urban county’’ (as defined in section
the Department of the Treasury a detailed U.S.C. 601(g)), as added by section 5001 of the 102 of the Housing and Community Develop-
description of the funding allocation for- CARES Act (Public Law 116–136) and amend- ment Act of 1974 (42 U.S.C. 5302)) shall re-
ctelli on DSK11ZRN23PROD with SENATE
mulas used pursuant to this paragraph, and a ed by section 201 of division U of this Act, ceive less than the amount the county would
detailed description of the procedure and and the term ‘‘State’’ means one of the 50 otherwise receive if the amount distributed
methodology used to determine such funding States: Provided further, That the Secretary under this paragraph were allocated to met-
allocation formula: Provided Further, That of Treasury shall make all payments pre- ropolitan cities and urban counties under
not later than 7 days after any payments for scribed under this heading in this Act not section 106(b) of the Housing and Community
Tribal governments are so distributed, the later than 30 days after the date of enact- Development Act of 1974 (42 U.S.C. 5306(b)):
Secretary shall publish on the website of the ment of this Act: Provided further, That such Provided further, That in the case of an
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6081
amount to be paid to a county that is not a COVID-19 MULTI-STATE AGENCY FISCAL RELIEF ADMINISTRATIVE PROVISION—INTERNAL
unit of general local government, the FUND REVENUE SERVICE
amount shall instead be paid to the State in (INCLUDING TRANSFER OF FUNDS)
which such county is located, and such State For making payments to multi-State enti-
ties that are involved in the transportation SEC. 501. For an additional amount for fis-
shall distribute such amount to units of gen- cal year 2021, and in addition to the amounts
eral local government within such county in of passengers or cargo and are suffering rev-
enue losses due to the Coronavirus Disease otherwise available to the Internal Revenue
an amounts that bear the same proportion as Service for the purposes specified in this sec-
the population of such units of general local 2019 (COVID–19) pandemic, $100,000,000, to re-
main available until expended, which shall tion, $359,000,000, to prevent, prepare for, and
government bear to the total population of respond to coronavirus, including for costs
such county: Provided further, That for pur- be in addition to any other amounts avail-
able for making payments to States, metro- associated with the extended filing season:
poses of this paragraph, the District of Co- Provided, That such funds may be transferred
lumbia shall be considered to consist of a politan cities, counties, and other units of
state and general local government (includ- by the Commissioner to the ‘‘Taxpayer Serv-
single county that is a unit of general local ices’’, ‘‘Enforcement’’, or ‘‘Operations Sup-
government: ing payments made under section 601 of the
Social Security Act), and which shall be paid port’’ accounts of the Internal Revenue Serv-
Provided further, That any entity receiving a ice for an additional amount to be used sole-
payment from funds made available under directly to multi-State entities (as that term
is used in 15 U.S.C. 9041(10)(D)) for use by ly to prevent, prepare for, and respond to
this heading in this Act shall only use such coronavirus, domestically or internation-
amounts to respond to, mitigate, cover costs multi-State entities: Provided, That the
ally: Provided further, That the Committees
or replace foregone revenues not projected funds provided under this paragraph shall be
on Appropriations of the House of Represent-
on January 31, 2020 stemming from the pub- allocated to a multi-State entity that is an
atives and the Senate shall be notified in ad-
lic health emergency, or its negative eco- eligible issuer and multi-State entity under
vance of any such transfer: Provided further,
nomic impacts, with respect to the the terms set forth by the Federal Reserve
That such transfer authority is in addition
Coronavirus Disease (COVID–19): Provided on June 3, 2020 for the Municipal Liquidity
to any other transfer authority provided by
further, That if the Inspector General of the Facility established by the Board of Gov-
law: Provided further, That not later than 30
Department of the Treasury determines that ernors of the Federal Reserve System: Pro-
days after the date of enactment of this Act,
an entity receiving a payment from amounts vided further, That such amounts shall be al-
the Commissioner shall submit to the Com-
provided under this heading has failed to located by the Secretary of the Treasury
mittees on Appropriations of the House of
comply with the preceding proviso, the proportionally to each multi-State entity Representatives and the Senate a spending
amount equal to the amount of funds used in covered under this paragraph based on an plan and subsequent quarterly reports detail-
violation of such proviso shall be booked as amount equal to the product obtained by ing the actual and expected expenditures of
a debt of such entity owed to the Federal multiplying the total amount appropriated such funds: Provided further, That such
Government, and any amounts recovered to the Secretary under this paragraph and amount is designated by the Congress as
shall be deposited into the general fund of the quotient obtained by dividing— being for an emergency requirement pursu-
the Treasury as discretionary offsetting re- (1) the total gross operating revenue of the ant to section 251(b)(2)(A)(i) of the Balanced
ceipts: Provided further, That for purposes of multi-State entity receiving funds for fiscal Budget and Emergency Deficit Control Act
the preceding provisos under this heading in year 2018; by of 1985.
this Act, the population of each entity de- (2) the total gross operating revenue for
fiscal year 2018 of all multi-State entities THE JUDICIARY
scribed in any such proviso shall be deter-
that are eligible to receive funds under this COURT OF APPEALS, DISTRICT COURTS, AND
mined based on the most recent year for
paragraph: OTHER JUDICIAL SERVICES
which data are available from the Bureau of
the Census, or in the case of an Indian tribe, SALARIES AND EXPENSES
Provided further, That neither a State nor
shall be determined based on data certified local government may serve as a pass- For an additional amount for ‘‘Salaries
by the Tribal government: Provided further, through for any amounts received by a and Expenses’’, $25,000,000, to prevent, pre-
That an entity receiving a payment from multi-State entity: Provided further, That pare for, and respond to coronavirus, domes-
amounts provided under this heading may such sums shall be distributed directly by tically or internationally: Provided, That
transfer funds to a private nonprofit organi- the Secretary to each multi-State entity not such amount is designated by the Congress
zation (as that term is defined in paragraph later than December 31, 2020: Provided fur- as being for an emergency requirement pur-
(17) of section 401 of the McKinney-Vento ther, That such amount is designated by the suant to section 251(b)(2)(A)(i) of the Bal-
Homeless Assistance Act (42 U.S.C. 11360(17)), Congress as being for an emergency require- anced Budget and Emergency Deficit Control
or to a special-purpose unit of local govern- ment pursuant to section 251(b)(2)(A)(i) of Act of 1985.
ment or a multi-state entity involved in the the Balanced Budget and Emergency Deficit INDEPENDENT AGENCIES
transportation of passengers or cargo: Pro- Control Act of 1985. ELECTION ASSISTANCE COMMISSION
vided further, That nothing in paragraph (1)
ELECTION RESILIENCE GRANTS
or (2) shall be construed as prohibiting a unit COMMUNITY DEVELOPMENT FINANCIAL
of general local government that has formed INSTITUTIONS FUND PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS)
a consolidated government, or that is geo- For an additional amount for payments by
graphically contained (in full or in part) For an additional amount for the ‘‘Commu- the Election Assistance Commission to
within the boundaries of another unit of gen- nity Development Financial Institutions States for contingency planning, prepara-
eral local government from receiving a dis- Fund Program Account’’, $1,000,000,000, to tion, and resilience of elections for Federal
tribution under each of subparagraphs (A) prevent, prepare for, and respond to office, $3,600,000,000: Provided, That of the
and (B) under paragraph (1) or under para- coronavirus, domestically or internation- amount provided under this heading, up to
graph (2), as applicable, based on the respec- ally: Provided, That the Community Develop- $5,000,000 may be transferred to and merged
tive formulas specified contained therein: ment Financial Institutions Fund (CDFI) with ‘‘Election Assistance Commission—Sal-
Provided further, That the amounts otherwise shall provide grants using a formula that aries and Expenses’’: Provided further, That
determined for distribution to units of local takes into account criteria such as certifi- such transfer authority is in addition to any
government under each of subparagraphs (A) cation status, financial and compliance per- other transfer authority provided by law:
and (B) under paragraph (1) and under para- formance, portfolio and balance sheet Provided further, That under this heading the
graph (2) shall each be adjusted by the Sec- strength, and program capacity: Provided fur- term ‘‘State’’ means each of the 50 States,
retary of the Treasury on a pro rata basis to ther, That not less than $25,000,000 shall be the District of Columbia, the Commonwealth
the extent necessary to comply with the for financial assistance, technical assistance, of Puerto Rico, Guam, American Samoa, the
amount appropriated and the requirements and training and outreach programs designed United States Virgin Islands, and the Com-
specified in each paragraph and subpara- to benefit Native American, Native Hawai- monwealth of the Northern Mariana Islands:
graph, as applicable: Provided further, That ian, and Alaska Native communities: Pro- Provided further, That the amount of the pay-
as used under this heading in this Act, the vided further, That the CDFI Fund shall ments made to a State under this heading
term ‘‘county’’ means a county, parish, or make funds provided under this heading in shall be consistent with sections 101(d) and
other equivalent county division (as defined this Act available to grantees not later than 103 of the Help America Vote Act of 2002 (52
by the Bureau of the Census): Provided fur- 60 days after the date of enactment of this U.S.C. 20903): Provided further, That not later
ther, That for purposes of the preceding pro- Act: Provided further, That funds made avail- than 30 days after the date of enactment of
visos under this heading in this Act, the pop- able under this heading may be used for ad- this Act, the Election Assistance Commis-
ulation of an entity shall be determined ministrative expenses, including administra- sion shall obligate the funds to States under
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based on the most recent year for which data tion of CDFI Fund programs and the New this heading in this Act: Provided further,
are available from the Bureau of the Census: Markets Tax Credit Program: Provided fur- That not less than 50 percent of the amount
Provided further, That such amount is des- ther, That such amount is designated by the of the payment made to a State under this
ignated by Congress as being for an emer- Congress as being for an emergency require- heading in this Act shall be allocated in cash
gency requirement pursuant to section ment pursuant to section 251(b)(2)(A)(i) of or in kind to the units of local government
251(b)(2)(A)(i) of the Balanced Budget and the Balanced Budget and Emergency Deficit which are responsible for the administration
Emergency Deficit Control Act of 1985. Control Act of 1985. of elections for Federal office in the State:
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S6082 CONGRESSIONAL RECORD — SENATE October 19, 2020
Provided further, That such amount is des- coronavirus by providing telecommuni- Record Centers Program, $92,000,000, to pre-
ignated by the Congress as being for an cations services, information services, and vent, prepare for, and respond to
emergency requirement pursuant to section devices necessary to enable the provision of coronavirus, domestically or internation-
251(b)(2)(A)(i) of the Balanced Budget and telehealth services during an emergency pe- ally, which shall be for offsetting the loss re-
Emergency Deficit Control Act of 1985. riod, as defined in section 1135(g)(1) of the sulting from the coronavirus pandemic of the
ADMINISTRATIVE PROVISION—ELECTION
Social Security Act (42 U.S.C. 1320b-5(g)(1)): user charges collected by such Fund pursu-
ASSISTANCE COMMISSION
Provided, That the Federal Communications ant to subsection (c) under the heading
Commission may rely on the rules of the ‘‘Records Center Revolving Fund’’ in Public
SEC. 502. (a) The last proviso under the Commission under part 54 of title 47, Code of Law 106–58, as amended (44 U.S.C. 2901 note):
heading ‘‘Election Assistance Commission— Federal Regulations, in administering the Provided, That the amount provided under
Election Security Grants’’ in the Financial amount provided under the heading in this this heading in this Act may be used to reim-
Services and General Government Appropria- Act if the Commission determines that such burse the Fund for obligations incurred for
tions Act, 2020 (division C of Public Law 116– administration is in the public interest: Pro- this purpose prior to the date of the enact-
93; 133 Stat. 2461) shall not apply with respect vided further, That up to $4,000,000 shall be ment of this Act: Provided further, That such
to any payment made to a State using funds used by the Office of Inspector General to amount is provided without regard to the
appropriated or otherwise made available to audit and conduct investigations of funds limitation in subsection (d) under the head-
the Election Assistance Commission under made available in this Act or in the ing ‘‘Records Center Revolving Fund’’ in
the Coronavirus Aid, Relief, and Economic Coronavirus Aid, Relief, and Economic Secu- Public Law 106–58, as amended (44 U.S.C. 2901
Security Act (Public Law 116–136). rity Act (Public Law 116–136) to the Federal
note): Provided further, That such amount is
(b) The first proviso under the heading Communications Commission for the provi-
designated by the Congress as being for an
‘‘Election Assistance Commission—Election sion of telehealth services during an emer-
emergency requirement pursuant to section
Security Grants’’ in the Coronavirus Aid, gency period, and that the Office of Inspector
251(b)(2)(A)(i) of the Balanced Budget and
Relief, and Economic Security Act (Public General shall report to the Committees on
Appropriations of the House of Representa- Emergency Deficit Control Act of 1985.
Law 116–136) is amended by striking ‘‘within
20 days of each election in the 2020 Federal tives and the Senate, the Committee on En- OFFICE OF PERSONNEL MANAGEMENT
election cycle in that State,’’ and inserting ergy and Commerce of the House of Rep-
OFFICE OF INSPECTOR GENERAL
‘‘not later than October 30, 2021,’’. resentatives, and the Committee on Com-
(c) The fourth proviso under the heading merce, Science, and Transportation of the SALARIES AND EXPENSES
‘‘Election Assistance Commission—Election Senate each month, until all emergency tele- For an additional amount for ‘‘Salaries
Security Grants’’ in the Coronavirus Aid, health funding has been obligated, on the and Expenses’’, $1,000,000, to remain avail-
Relief, and Economic Security Act (Public status of approved applications, pending ap- able until expended to prevent, prepare for,
Law 116–136) is amended by striking ‘‘Decem- plications, and rejected applications for such
and respond to coronavirus, domestically or
ber 31, 2020’’ and inserting ‘‘September 30, funding, and on recommendations to improve
internationally: Provided, That such amount
2021’’. the transparency and fairness of distribution
is designated by the Congress as being for an
(d) A State may elect to reallocate funds of such funding: Provided further, That such
emergency requirement pursuant to section
allocated under the heading ‘‘Election As- amount is designated by the Congress as
251(b)(2)(A)(i) of the Balanced Budget and
sistance Commission—Election Security being for an emergency requirement pursu-
Emergency Deficit Control Act of 1985.
Grants’’ in the Coronavirus Aid, Relief, and ant to section 251(b)(2)(A)(i) of the Balanced
Economic Security Act (Public Law 116–136) Budget and Emergency Deficit Control Act SMALL BUSINESS ADMINISTRATION
or under this heading in this Act as funds al- of 1985. EMERGENCY EIDL GRANTS
located under the heading ‘‘Election Assist- EMERGENCY CONNECTIVITY FUND
For an additional amount for ‘‘Emergency
ance Commission—Election Security For an additional amount for the ‘‘Emer-
gency Connectivity Fund’’, $12,000,000,000, to EIDL Grants’’ for the cost of emergency
Grants’’ in the Financial Services and Gen-
remain available until September 30, 2022, to EIDL grants authorized by section 1110 of di-
eral Government Appropriations Act, 2020
prevent, prepare for, and respond to vision A of the CARES Act (Public Law 116–
(division C of Public Law 116–93; 133 Stat.
coronavirus, domestically or internation- 136), $50,000,000,000, to remain available until
2461) that were spent to prevent, prepare for,
ally, through the provision of funding for Wi- expended, to prevent, prepare for, and re-
and respond to coronavirus, domestically or
fi hotspots, other equipment, connected de- spond to coronavirus, domestically or inter-
internationally, for the 2020 Federal election
vices, and advanced telecommunications and nationally: Provided, That of the amount
cycle; or funds allocated under the heading
information services to schools and libraries provided under this heading in this Act,
‘‘Election Assistance Commission—Election
as authorized in section 201 of division M of $40,000,000,000 shall be for carrying out sub-
Reform Program’’ in the Financial Services
this Act: Provided, That such amount is des- section (i) of such section 1110: Provided fur-
and Government Appropriations Act, 2018
ignated by the Congress as being for an ther, That such amount is designated by the
(division E of Public Law 115–141) that were
emergency requirement pursuant to section Congress as being for an emergency require-
spent to prevent, prepare for, and respond to
251(b)(2)(A)(i) of the Balanced Budget and ment pursuant to section 251(b)(2)(A)(i) of
coronavirus, domestically or internation-
Emergency Deficit Control Act of 1985. the Balanced Budget and Emergency Deficit
ally, for the 2020 Federal election cycle.
Control Act of 1985.
(e) This section shall take effect as if in- EMERGENCY BROADBAND CONNECTIVITY FUND
cluded in the enactment of the Coronavirus For an additional amount for the ‘‘Emer- ADMINISTRATIVE PROVISION—SMALL BUSINESS
Aid, Relief, and Economic Security Act gency Broadband Connectivity Fund’’, ADMINISTRATION
(Public Law 116–136). $3,000,000,000, to prevent, prepare for, and re- SEC. 503. For fiscal year 2021, commitments
(f) The amounts repurposed pursuant to spond to coronavirus, domestically or inter- for general business loans authorized under
this section that were previously designated nationally, through the provision of an paragraphs (1) through (35) of section 7(a) of
by the Congress as an emergency require- emergency benefit for broadband service as the Small Business Act (15 U.S.C. 636(a))
ment pursuant to the Balanced Budget and authorized in section 301 of division M of this shall not exceed $75,000,000,000 for a combina-
Emergency Deficit Control Act of 1985 are Act: Provided, That such amount is des- tion of amortizing term loans and the aggre-
designated by the Congress as an emergency ignated by the Congress as being for an gated maximum line of credit provided by re-
requirement pursuant to section emergency requirement pursuant to section volving loans.
251(b)(2)(A)(i) of the Balanced Budget and 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985. UNITED STATES POSTAL SERVICE
FEDERAL COMMUNICATIONS COMMISSION GENERAL SERVICES ADMINISTRATION PAYMENT TO POSTAL SERVICE FUND
SALARIES AND EXPENSES TECHNOLOGY MODERNIZATION FUND
For an additional payment to the ‘‘Postal
For an additional amount for ‘‘Salaries For an additional amount for the ‘‘Tech- Service Fund’’, for revenue forgone due to
and Expenses’’, $24,000,000, for implementing nology Modernization Fund’’, $1,000,000,000, coronavirus, $15,000,000,000, to remain avail-
title VIII of the Communications Act of 1934 to remain available until September 30, 2022, able until September 30, 2022: Provided, That
(47 U.S.C. 641 et seq.), as added by the for technology-related modernization activi- the Postal Service, during the coronavirus
Broadband DATA Act (Public Law 116–130): ties to prevent, prepare for, and respond to emergency, shall prioritize the purchase of,
Provided, That such amount is designated by coronavirus, domestically or internation- and make available to all Postal Service em-
the Congress as being for an emergency re- ally: Provided, That such amount is des- ployees and facilities, personal protective
quirement pursuant to section 251(b)(2)(A)(i) ignated by the Congress as being for an equipment, including gloves, masks, and
of the Balanced Budget and Emergency Def- emergency requirement pursuant to section sanitizers, and shall conduct additional
251(b)(2)(A)(i) of the Balanced Budget and
ctelli on DSK11ZRN23PROD with SENATE
icit Control Act of 1985. cleaning and sanitizing of Postal Service fa-
Emergency Deficit Control Act of 1985.
For an additional amount for ‘‘Salaries cilities and delivery vehicles: Provided fur-
and Expenses’’, $200,000,000, to remain avail- NATIONAL ARCHIVES AND RECORDS ther, That such amount is designated by the
able until expended, to prevent, prepare for, ADMINISTRATION Congress as being for an emergency require-
and respond to coronavirus, domestically or RECORDS CENTER REVOLVING FUND ment pursuant to section 251(b)(2)(A)(i) of
internationally, including to support efforts For an additional amount for the ‘‘Records the Balanced Budget and Emergency Deficit
of health care providers to address Center Revolving Fund’’ for the Federal Control Act of 1985.
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6083
OFFICE OF INSPECTOR GENERAL emergency requirement or as being for dis- (c) Amounts repurposed under this section
SALARIES AND EXPENSES aster relief pursuant to the Balanced Budget that were previously designated by the Con-
For an additional amount for ‘‘Salaries and Emergency Deficit Control Act are des- gress as an emergency requirement or as
and Expenses’’, $15,000,000, to remain avail- ignated by the Congress as being for an being for disaster relief pursuant to the Bal-
able until expended, to prevent, prepare for, emergency requirement pursuant to section anced Budget and Emergency Deficit Control
and respond to coronavirus, domestically or 251(b)(2)(A)(i) of the Balanced Budget and Act are designated by the Congress as being
internationally: Provided, That such amount Emergency Deficit Control Act of 1985 or as for an emergency requirement pursuant to
is designated by the Congress as being for an being for disaster relief pursuant to section section 251(b)(2)(A)(i) of the Balanced Budget
emergency requirement pursuant to section 251(b)(2)(D) of the Balanced Budget and and Emergency Deficit Control Act of 1985 or
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. as being for disaster relief pursuant to sec-
Emergency Deficit Control Act of 1985. SEC. 505. Title V of division B of the tion 251(b)(2)(D) of the Balanced Budget and
CARES Act (Public Law 116–136) is amended Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE SEC. 603. Subsections (a)(1)(A), (a)(1)(B),
by striking the fifth proviso under the head-
SEC. 504. (a) OVERSIGHT OF COVERED ing ‘‘General Services Administration—Real (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34
FUNDS.—The matter preceding the first pro- Property Activities—Federal Buildings of the Federal Fire Prevention and Control
viso under the heading ‘‘Independent Agen- Fund’’: Provided, That the amounts Act of 1974 (15 U.S.C. 2229a) shall not apply to
cies—Pandemic Response Accountability repurposed pursuant to this section that amounts appropriated for ‘‘Federal Emer-
Committee’’ in title V of division B of the were previously designated by the Congress gency Management Agency—Federal Assist-
CARES Act (Public Law 116–136) is amended as an emergency requirement pursuant to ance’’ for Staffing for Adequate Fire and
by striking ‘‘funds provided in this Act to the Balanced Budget and Emergency Deficit Emergency Response Grants in this Act and
prevent, prepare for, and respond to Control Act of 1985 are designated by the in division D, title III of the Consolidated
coronavirus, domestically or internation- Congress as an emergency requirement pur- Appropriations Act, 2020 (Public Law 116–93).
ally’’ and inserting ‘‘ ‘covered funds’, as that suant to section 251(b)(2)(A)(i) of the Bal- TITLE VII
term is defined in section 15010 of this Act’’. anced Budget and Emergency Deficit Control INTERIOR, ENVIRONMENT, AND
(b) DEFINITION OF COVERED FUNDS.—Sec- RELATED AGENCIES
Act of 1985.
tion 15010(a)(6) of division B of the
Coronavirus, Aid, Relief, and Economic Se- TITLE VI DEPARTMENT OF THE INTERIOR
curity Act (Public Law 116–136) is amended— HOMELAND SECURITY UNITED STATES FISH AND WILDLIFE SERVICE
(1) in subparagraph (A), by striking ‘‘this OFFICE OF INSPECTOR GENERAL RESOURCE MANAGEMENT
Act’’ and inserting ‘‘the Coronavirus Aid, OPERATIONS AND SUPPORT For an additional amount for ‘‘Resource
Relief, and Economic Security Act (divisions Management’’, $45,000,000, of which $15,000,000
A and B) (Public Law 116–136)’’; and For an additional amount for ‘‘Operations shall be for wildlife inspections, interdic-
(2) by striking subparagraph (D) and in- and Support’’, $3,000,000, for oversight of ac- tions, and investigations and for domestic
serting: tivities supported by funds provided under and international efforts to address wildlife
‘‘(D) the Paycheck Protection Program ‘‘Federal Emergency Management Agency— trafficking; and of which $30,000,000 shall be
and Health Care Enhancement Act (Public Disaster Relief Fund’’ in title VI of division for the care of captive species listed under
Law 116–139); B of Public Law 116–136, in addition to the Endangered Species Act, rescued and
‘‘(E) all divisions of this Act; or amounts otherwise available for such pur- confiscated wildlife, and other Federally-
‘‘(F) The Heroes Act; and’’. poses: Provided, That such amount is des- owned animals in facilities experiencing lost
(c) APPOINTMENT OF CHAIRPERSON.—Section ignated by the Congress as being for an revenues due to the coronavirus: Provided,
15010(c) of division B of the Coronavirus Aid, emergency requirement pursuant to section That such amount is designated by the Con-
Relief, and Economic Security Act (Public 251(b)(2)(A)(i) of the Balanced Budget and gress as being for an emergency requirement
Law 116–136) is amended— Emergency Deficit Control Act of 1985. pursuant to section 251(b)(2)(A)(i) of the Bal-
(1) in paragraph (1), by striking ‘‘and (D)’’ FEDERAL EMERGENCY MANAGEMENT AGENCY anced Budget and Emergency Deficit Control
and inserting ‘‘(D), and (E)’’; and FEDERAL ASSISTANCE Act of 1985.
(2) in paragraph (2)(E), by inserting ‘‘of the For an additional amount for ‘‘Federal As- NATIONAL PARK SERVICE
Council’’ after ‘‘Chairperson’’. sistance’’, $1,300,000,000, to prevent, prepare NATIONAL RECREATION AND PRESERVATION
(d) RETROACTIVE REPORTING ON LARGE COV-
for, and respond to coronavirus, of which For an additional amount for ‘‘National
ERED FUNDS.—
$500,000,000 shall be for Assistance to Fire- Recreation and Preservation’’, $20,000,000 for
(1) DEFINITIONS.—In this subsection, the
fighter Grants for the purchase of personal grants as authorized by the 9/11 Memorial
terms ‘‘agency’’ and ‘‘large covered funds’’
protective equipment and related supplies, Act (Public Law 115–413), to prevent, prepare
have the meanings given those terms in sec-
mental health evaluations, training, and for, and respond to coronavirus. Provided,
tion 15011 of division B of the Coronavirus,
temporary infectious disease de-contamina- That such amount is designated by the Con-
Aid, Relief, and Economic Security Act
tion or sanitizing facilities and equipment; gress as being for an emergency requirement
(Public Law 116–136).
of which $500,000,000 shall be for Staffing for pursuant to section 251(b)(2)(A)(i) of the Bal-
(2) GUIDANCE.—
Adequate Fire and Emergency Response anced Budget and Emergency Deficit Control
(A) IN GENERAL.—Not later than 14 days
Grants; of which $100,000,000 shall be for Act of 1985.
after the date of enactment of this Act, the
Emergency Management Performance BUREAU OF INDIAN AFFAIRS
Director of the Office of Management and
Grants; and of which $200,000,000 shall be for OPERATION OF INDIAN PROGRAMS
Budget shall issue guidance for agencies to
the Emergency Food and Shelter Program:
ensure the collection and timely reporting For an additional amount for ‘‘Operation
Provided, That such amount is designated by
for the obligation and expenditure of large of Indian Programs’’, $900,000,000, to prevent,
the Congress as being for an emergency re-
covered funds under division A of the CARES prepare for, and respond to coronavirus, of
quirement pursuant to section 251(b)(2)(A)(i)
Act (Public Law 116–136) on and after the which—
of the Balanced Budget and Emergency Def-
date of enactment of that Act. (1) $100,000,000 shall be for housing im-
icit Control Act of 1985.
(B) REQUIREMENT.—The guidance issued provement;
under subparagraph (A) shall require that, GENERAL PROVISIONS—THIS TITLE (2) $780,000,000 shall be for providing Tribal
not later than 120 days after the date of en- SEC. 601. Notwithstanding any other provi- government services, for Tribal government
actment of this Act, agencies shall make all sion of law, funds made available in this Act employee salaries to maintain operations,
reports required under section 15011 of divi- for ‘‘Federal Emergency Management Agen- and cleaning and sanitization of Tribally
sion B of the CARES Act (Public Law 116– cy—Federal Assistance’’ in this Act shall owned and operated facilities; and
136) relating to large covered funds under di- only be used for the purposes specifically de- (3) $20,000,000 shall be used to provide and
vision A of such Act that have been expended scribed under that heading. deliver potable water:
or obligated during the period beginning on SEC. 602. (a) Subsections (c)(2) and (k) of Provided, That none of the funds appro-
the date of enactment of the CARES Act section 33 of the Federal Fire Prevention and priated herein shall be obligated until 3 days
(Public Law 116–136) and ending on the day Control Act of 1974 (15 U.S.C. 2229) shall not after the Bureau of Indian Affairs provides a
before the date of enactment of this Act. apply to amounts appropriated for ‘‘Federal detailed spend plan, which includes distribu-
(C) RULE OF CONSTRUCTION.—Nothing in Emergency Management Agency—Federal tion and use of funds by Tribe, to the Com-
this subsection shall be construed to affect Assistance’’ for Assistance to Firefighter mittees on Appropriations of the House of
the deadlines for reporting under section Grants in this Act. Representatives and the Senate: Provided fur-
15011 of division B of the CARES Act (Public (b) Subsection (k) of section 33 of the Fed- ther, That such amounts shall be in addition
ctelli on DSK11ZRN23PROD with SENATE
Law 116–136) relating to large covered funds eral Fire Prevention and Control Act of 1974 to any other amounts available for such pur-
that have been expended or obligated under (15 U.S.C. 2229) shall not apply to amounts poses: Provided further, That the Bureau shall
divisions A or B of such Act, on or after the provided for ‘‘Federal Emergency Manage- notify the Committees on Appropriations of
date of enactment of this Act. ment Agency—Federal Assistance’’ for As- the House of Representatives and the Senate
(c) DESIGNATION.—Amounts repurposed sistance to Firefighter Grants in title III of quarterly on the obligations and expendi-
under this section that were previously des- division D of Public Law 116–93 and in title tures of the funds provided by this Act: Pro-
ignated by the Congress, respectively, as an VI of division B of Public Law 116–136. vided further, That assistance received herein
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S6084 CONGRESSIONAL RECORD — SENATE October 19, 2020
shall not be included in the calculation of available until expended, to prevent, prepare further, That the Indian Health Service shall
funds received by those Tribal governments for, respond to, and provide health services notify the Committees on Appropriations of
who participate in the ‘‘Small and Needy’’ related to coronavirus, of which— the House of Representatives and the Senate
program: Provided further, That such (1) $1,000,000,000 shall be used to supple- quarterly on the obligations and expendi-
amounts, if transferred to Indian Tribes and ment reduced third party revenue collec- tures of the funds provided by this Act: Pro-
Tribal organizations under the Indian Self- tions; vided further, That section 1308 of this Act
Determination and Education Assistance Act (2) $500,000,000 shall be used for direct shall not apply to tribal contracts entered
(1) will be transferred on a one-time basis, (2) health and telehealth services, including to into by the Bureau of Indian Affairs with
are non-recurring funds that are not part of purchase supplies and personal protective this appropriation: Provided further, That
the amount required by 25 U.S.C. 5325, and (3) equipment; such amount is designated by the Congress
may only be used for the purposes identified (3) $140,000,000 shall be used to expand as being for an emergency requirement pur-
under this heading in this Act, notwith- broadband infrastructure and information suant to section 251(b)(2)(A)(i) of the Bal-
standing any other provision of law: Provided technology for telehealth and electronic anced Budget and Emergency Deficit Control
further, That section 1308 of this Act shall health record system purposes; Act of 1985.
not apply to tribal contracts entered into by (4) $20,000,000 shall be used to address the NATIONAL FOUNDATION ON THE ARTS AND
the Bureau of Indian Affairs with this appro- needs of domestic violence victims and HUMANITIES
priation: Provided further, That such amount homeless individuals and families;
NATIONAL ENDOWMENT FOR THE ARTS
is designated by the Congress as being for an (5) not less than $64,000,000 shall be for
emergency requirement pursuant to section Urban Indian Organizations; and, GRANTS AND ADMINISTRATION
251(b)(2)(A)(i) of the Balanced Budget and (6) not less than $10,000,000 shall be used to For an additional amount for ‘‘Grants and
Emergency Deficit Control Act of 1985. provide and deliver potable water: Administration’’, $135,000,000, for grants to
DEPARTMENTAL OFFICES Provided, That such funds shall be allocated respond to the impacts of coronavirus: Pro-
INSULAR AFFAIRS at the discretion of the Director of the In- vided, That such funds are available under
dian Health Service, and shall be in addition the same terms and conditions as grant fund-
ASSISTANCE TO TERRITORIES
to any other amounts available for such pur- ing appropriated to this heading in Public
For an additional amount for ‘‘Assistance poses: Provided further, That such amounts, if Law 116–94: Provided further, That 40 percent
to Territories’’, $1,000,000,000, to remain transferred to Tribes and Tribal organiza- of the funds made available under this head-
available until expended, to prevent, prepare tions under the Indian Self-Determination ing in this Act shall be distributed to State
for, respond to, and recover from and Education Assistance Act, will be trans- arts agencies and regional arts organizations
coronavirus, of which (1) $993,000,000 is for ferred on a one-time basis and that these and 60 percent of such funds shall be for di-
Capital Improvement Project grants for hos- non-recurring funds are not part of the rect grants: Provided further, That notwith-
pitals and other critical infrastructure; and amount required by section 106 of the Indian standing any other provision of law, such
(2) $7,000,000 is for territorial assistance, in- Self-Determination and Education Assist- funds may also be used by the recipients of
cluding general technical assistance: Pro- ance Act (25 U.S.C. 5325), and that such such grants for purposes of the general oper-
vided, That any appropriation for disaster as- amounts may only be used for the purposes ations of such recipients: Provided further,
sistance under this heading in this Act or identified under this heading notwith- That the matching requirements under sub-
previous appropriations Acts may be used as standing any other provision of law: Provided sections (e), (g)(4)(A), and (p)(3) of section 5
non-Federal matching funds for the purpose further, That none of the funds appropriated of the National Foundation on the Arts and
of hazard mitigation grants provided pursu- under this heading in this Act for telehealth Humanities Act of 1965 (20 U.S.C. 954) may be
ant to section 404 of the Robert T. Stafford broadband activities shall be available for waived with respect to such grants: Provided
Disaster Relief and Emergency Assistance obligation until 3 days after the Indian further, That such amount is designated by
Act (42 U.S.C. 5170c): Provided further, That Health Service provides to the Committees the Congress as being for an emergency re-
amounts repurposed pursuant to this section on Appropriations of the House of Represent- quirement pursuant to section 251(b)(2)(A)(i)
that were previously designated by the Con- atives and the Senate, a detailed spend plan of the Balanced Budget and Emergency Def-
gress as an emergency requirement pursuant that includes the cost, location, and ex- icit Control Act of 1985.
to the Balanced Budget and Emergency Def- pected completion date of each activity: Pro- NATIONAL ENDOWMENT FOR THE HUMANITIES
icit Control Act of 1985 are designated by the vided further, That the Indian Health Service
Congress as an emergency requirement pur- GRANTS AND ADMINISTRATION
shall notify the Committees on Appropria-
suant to section 251(b)(2)(A)(i) of the Bal- tions of the House of Representatives and For an additional amount for ‘‘Grants and
anced Budget and Emergency Deficit Control the Senate quarterly on the obligations and Administration’’, $135,000,000, for grants to
Act of 1985: Provided further, That such expenditures of the funds provided by this respond to the impacts of coronavirus: Pro-
amount is designated by the Congress as Act: Provided further, That section 1308 of vided, That such funds are available under
being for an emergency requirement pursu- this Act shall not apply to tribal contracts the same terms and conditions as grant fund-
ant to section 251(b)(2)(A)(i) of the Balanced entered into by the Bureau of Indian Affairs ing appropriated to this heading in Public
Budget and Emergency Deficit Control Act with this appropriation: Provided further, Law 116–94: Provided further, That 40 percent
of 1985. That such amount is designated by the Con- of the funds made available under this head-
OFFICE OF INSPECTOR GENERAL gress as being for an emergency requirement ing in this Act shall be distributed to state
SALARIES AND EXPENSES pursuant to section 251(b)(2)(A)(i) of the Bal- humanities councils and 60 percent of such
anced Budget and Emergency Deficit Control funds shall be for direct grants: Provided fur-
For an additional amount for ‘‘Salaries
Act of 1985. ther, That notwithstanding any other provi-
and Expenses’’, $5,000,000, to remain avail-
sion of law, such funds may also be used by
able until expended: Provided, That such INDIAN HEALTH FACILITIES
the recipients of such grants for purposes of
amount is designated by the Congress as For an additional amount for ‘‘Indian the general operations of such recipients:
being for an emergency requirement pursu- Health Facilities’’, $600,000,000, to prevent, Provided further, That the matching require-
ant to section 251(b)(2)(A)(i) of the Balanced prepare for, and respond to coronavirus, to ments under subsection (h)(2)(A) of section 7
Budget and Emergency Deficit Control Act modify existing health facilities to provide of the National Foundation on the Arts and
of 1985. isolation or quarantine space, to purchase Humanities Act of 1965 may be waived with
ENVIRONMENTAL PROTECTION AGENCY and install updated equipment necessary, respect to such grants: Provided further, That
ENVIRONMENTAL PROGRAMS AND MANAGEMENT and for maintenance and improvement such amount is designated by the Congress
For an additional amount for ‘‘Environ- projects necessary to the purposes specified as being for an emergency requirement pur-
mental Programs and Management’’, in this Act: Provided, That such amounts suant to section 251(b)(2)(A)(i) of the Bal-
$50,000,000, for environmental justice grants may be used to supplement amounts other- anced Budget and Emergency Deficit Control
as described in section 302 of division U of wise available for such purposes under ‘‘In- Act of 1985.
this Act: Provided, That such amounts shall dian Health Facilities’’: Provided further,
That such amounts shall be in addition to TITLE VIII
be in addition to any other amounts avail-
any other amounts available for such pur- DEPARTMENTS OF LABOR, HEALTH AND
able for such purposes: Provided further, That
poses: Provided further, That such amounts, if HUMAN SERVICES, AND EDUCATION,
such amount is designated by the Congress
transferred to Tribes and Tribal organiza- AND RELATED AGENCIES
as being for an emergency requirement pur-
suant to section 251(b)(2)(A)(i) of the Bal- tions under the Indian Self-Determination DEPARTMENT OF LABOR
anced Budget and Emergency Deficit Control and Education Assistance Act, will be trans- EMPLOYMENT AND TRAINING ADMINISTRATION
Act of 1985. ferred on a one-time basis and that these
ctelli on DSK11ZRN23PROD with SENATE
TRAINING AND EMPLOYMENT SERVICES
non-recurring funds are not part of the
DEPARTMENT OF HEALTH AND HUMAN (INCLUDING TRANSFER OF FUNDS)
amount required by section 106 of the Indian
SERVICES
Self-Determination and Education Assist- For an additional amount for ‘‘Training
INDIAN HEALTH SERVICE ance Act (25 U.S.C. 5325), and that such and Employment Services’’, $2,140,000,000, to
INDIAN HEALTH SERVICES amounts may only be used for the purposes prevent, prepare for, and respond to
For an additional amount for ‘‘Indian identified under this heading notwith- coronavirus, of which $15,000,000 shall be
Health Services’’, $1,734,000,000, to remain standing any other provision of law: Provided transferred to ‘‘Program Administration’’ to
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6085
carry out activities in this Act, Public Law Provided, That such amount is designated by gress as being for an emergency requirement
116–127 and Public Law 116–136 for full-time the Congress as being for an emergency re- pursuant to section 251(b)(2)(A)(i) of the Bal-
equivalent employees, information tech- quirement pursuant to section 251(b)(2)(A)(i) anced Budget and Emergency Deficit Control
nology upgrades needed to expedite pay- of the Balanced Budget and Emergency Def- Act of 1985.
ments and support implementation, includ- icit Control Act of 1985. OFFICE OF INSPECTOR GENERAL
ing to expedite policy guidance and disburse- STATE UNEMPLOYMENT INSURANCE AND For an additional amount for ‘‘Office of In-
ment of funds, technical assistance and other EMPLOYMENT SERVICE OPERATIONS spector General’’, $5,000,000, to remain avail-
assistance to States and territories to speed able until expended, to prevent, prepare for,
For an additional amount for ‘‘State Un-
payment of Federal and State unemploy-
employment Insurance and Employment and respond to coronavirus. Provided, That
ment benefits, and of which the remaining
Service Operations’’, $538,500,000, to prevent, such amount is designated by the Congress
amounts shall be used to carry out activities
prepare for, and respond to coronavirus, as being for an emergency requirement pur-
under the Workforce Innovation and Oppor-
which may be expended from the Employ- suant to section 251(b)(2)(A)(i) of the Bal-
tunity Act (referred to in this Act as
‘‘WIOA’’) as follows: ment Security Administration Account in anced Budget and Emergency Deficit Control
(1) $485,000,000 for grants to the States for the Unemployment Trust Fund (‘‘The Trust Act of 1985.
adult employment and training activities, Fund’’), of which: ADMINISTRATIVE PROVISIONS—DEPARTMENT OF
including incumbent worker trainings, tran- (1) $38,500,000 from the Trust Fund is for LABOR
sitional jobs, on-the-job training, individual- national activities necessary to support the SEC. 801. (a) There is hereby appropriated
ized career services, supportive services, administration of the Federal-State unem- for an additional amount for fiscal year 2021
needs-related payments, and to facilitate re- ployment insurance system; and for ‘‘Department of Labor—Employment
mote access to training services provided (2) $500,000,000 from the Trust Fund is for Training Administration—State Unemploy-
through a one-stop delivery system through grants to States in accordance with section ment Insurance and Employment Service
the use of technology: Provided, That an 6 of the Wagner-Peyser Act: Operations’’, $28,600,000, to be expended from
adult shall not be required to meet the re- Provided, That such amount is designated by the Employment Security Administration
quirements of section 134(c)(3)(B) of the the Congress as being for an emergency re- Account in the Unemployment Trust Fund
WIOA: Provided further, That an adult who quirement pursuant to section 251(b)(2)(A)(i) (‘‘the Trust Fund’’) to carry out title III of
meets the requirements described in section of the Balanced Budget and Emergency Def- the Social Security Act: Provided, That such
2102(a)(3)(A) of Public Law 116–136 may be eli- icit Control Act of 1985. amount shall only become available for obli-
gible for participation: Provided further, That WAGE AND HOUR DIVISION gation if the Average Weekly Insured Unem-
priority may be given to individuals who are SALARIES AND EXPENSES ployment (‘‘AWIU’’) for fiscal year 2021 is
adversely impacted by economic changes due For an additional amount for ‘‘Wage and projected, by the Department of Labor dur-
to the coronavirus, including individuals Hour Division’’, $6,500,000 to prevent, prepare ing fiscal year 2021 to exceed 1,728,000: Pro-
seeking employment, dislocated workers, in- for, and respond to coronavirus, including for vided further, That to the extent that the
dividuals with barriers to employment, indi- the administration, oversight, and coordina- AWIU for fiscal year 2021 is projected by the
viduals who are unemployed, or individuals tion of worker protection activities related Department of Labor to exceed 1,728,000, an
who are underemployed; thereto: Provided, That the Secretary of additional $28,600,000 from the Trust Fund
(2) $518,000,000 for grants to the States for Labor shall use funds provided under this shall be made available for obligation during
youth activities, including supportive serv- heading to support enforcement activities fiscal year 2021 for every 100,000 increase in
ices, summer employment for youth, and to and outreach efforts to make individuals, the AWIU level (including a pro rata amount
facilitate remote access to training services particularly low-wage workers, aware of for any increment less than 100,000): Provided
provided through a one-stop delivery system their rights under division C and division E further, That, except as specified in this sec-
through the use of technology: Provided, of Public Law 116–127 and this Act: Provided tion, amounts provided herein shall be avail-
That individuals described in section further, That such amount is designated by able under the same authority and condi-
2102(a)(3)(A) of Public Law 116–136 may be eli- the Congress as being for an emergency re- tions applicable to funds provided to carry
gible for participation as an out-of-school quirement pursuant to section 251(b)(2)(A)(i) out title III of the Social Security Act under
youth if they meet the requirements of the heading ‘‘Department of Labor—Employ-
of the Balanced Budget and Emergency Def-
clauses (i) and (ii) of section 129(a)(1)(B) or as ment Training Administration—State Unem-
icit Control Act of 1985.
in-school youth if they meet the require- ployment Insurance and Employment Serv-
ments of clauses (i) and (iii) of section OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION ice Operations’’ in division A of Public Law
129(a)(1)(C) of the WIOA; Provided further, 116–94: Provided further, That such amounts
That priority shall be given for out-of-school SALARIES AND EXPENSES
shall be in addition to any other funds made
youth and youth with multiple barriers to For an additional amount for ‘‘Occupa- available in any fiscal year for such pur-
employment: Provided further, That funds tional Safety and Health Administration’’, poses: Provided further, That such amount is
shall support employer partnerships for $100,000,000 for implementation of section 202 designated by the Congress as being for an
youth employment and subsidized employ- of division B this Act, and for worker protec- emergency requirement pursuant to section
ment, and partnerships with community- tion and enforcement activities to prevent, 251(b)(2)(A)(i) of the Balanced Budget and
based organizations to support such employ- prepare for, and respond to coronavirus, of Emergency Deficit Control Act of 1985.
ment; which $25,000,000 shall be for Susan Harwood (b)(1) Section 101(8) of the Continuing Ap-
(3) $597,000,000 for grants to States for dis- training grants and at least $70,000,000 shall propriations Act, 2021 (division A of H.R. 8337
located worker employment and training ac- be to hire additional compliance safety and of the 116th Congress), is amended by insert-
tivities, including incumbent worker health officers, and for state plan enforce- ing ‘‘except the first proviso following para-
trainings, transitional jobs, on-the-job train- ment, to protect workers from coronavirus graph (6) under the heading ‘Department of
ing, individualized career services, sup- by enforcing all applicable standards and di- Labor—State Unemployment Insurance and
portive services, needs-related payments, rectives, including 29 CFR 1910.132, 29 CFR Employment Service Operations’ ’’ before the
and to facilitate remote access to training 1910.134, section 5(a)(1) of the Occupational period.
services provided through a one-stop delivery Safety and Health Act of 1970, and 29 CFR (2) Any obligations and expenditures made
system through the use of technology: Pro- 1910.1030: Provided, That activities to protect for projects or activities described in this
vided, That a dislocated worker shall not be workers from coronavirus supported by funds section before the date of enactment of this
required to meet the requirements of section provided under this heading includes addi- Act pursuant to the first proviso following
134(c)(3)(B) of the WIOA: Provided further, tional enforcement of standards and direc- paragraph (6) under the heading ‘‘Depart-
That a dislocated worker who meets the re- tives referenced in the preceding proviso at ment of Labor—State Unemployment Insur-
quirements described in section 2102(a)(3)(A) slaughterhouses, poultry processing plants, ance and Employment Service Operations’’
of Public Law 116–136 may be eligible for par- and agricultural workplaces: Provided fur- as provided by section 101 of the Continuing
ticipation; ther, That within 15 days of the date of en- Appropriations Act, 2021 shall be charged to
(4) $500,000,000 for the dislocated workers actment of this Act, the Secretary of Labor the appropriation provided by this section,
assistance national reserve; and shall submit a spending and hiring plan for consistent with section 107 of the Continuing
(5) $25,000,000 for migrant and seasonal the funds made available under this heading, Appropriations Act, 2021.
farmworker programs under section 167 of and a monthly staffing report until all funds SEC. 802. (a) Any funds made available
the WIOA, including emergency supportive are expended, to the Committees on Appro- under this Act to support or fund apprentice-
services of which no less than $500,000 shall priations of the House of Representatives ship programs shall only be used for, or pro-
be for the collection and dissemination of and the Senate: Provided further, That within vided to, apprenticeship programs as defined
ctelli on DSK11ZRN23PROD with SENATE
electronic and printed materials related to 15 days of the date of enactment of this Act, in subsection (b) of this section, including
coronavirus to the migrant and seasonal the Secretary of Labor shall submit a plan any funds awarded for the purposes of grants,
farmworker population nationwide, includ- for the additional enforcement activities de- contracts, or cooperative agreements, or the
ing Puerto Rico, through a cooperative scribed in the third proviso to the Commit- development, implementation, or adminis-
agreement, and of which $1,000,000 shall be tees on Appropriations of the House of Rep- tration, of an apprenticeship program.
for migrant and seasonal farmworker hous- resentatives and the Senate: Provided further, (b) The term ‘‘apprenticeship’’ means an
ing: That such amount is designated by the Con- apprenticeship program registered under the
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S6086 CONGRESSIONAL RECORD — SENATE October 19, 2020
Act of August 16, 1937 (commonly known as prepare for, and respond to coronavirus, for be for necessary expenses for grants for an
the ‘‘National Apprenticeship Act’’) (50 Stat. carrying out title V of the Social Security evidence-based public awareness campaign
664, chapter 663; 29 U.S.C. 50 et seq.) and that Act with respect to maternal and child on the importance of vaccinations, as de-
complies with the requirements of subpart A health: Provided, That notwithstanding sec- scribed in section 704 of division K of this
of part 29, Code of Federal Regulations, and tions 502(a)(1) and 502(b)(1) of the Social Se- Act: Provided further, That of the amount
part 30 of such title (as in effect on Sep- curity Act, such funds shall be available for made available under this heading in this
tember 30, 2020). awards to states and territories to carry out Act, $2,000,000,000 shall be for necessary ex-
DEPARTMENT OF HEALTH AND HUMAN special projects of regional and national sig- penses for grants to State, local, Tribal, or
SERVICES nificance pursuant to section 501(a)(2) of territorial health departments to purchase
HEALTH RESOURCES AND SERVICES such Act: Provided further, That such amount or procure personal protective equipment
ADMINISTRATION is designated by the Congress as being for an and other workplace safety measures for use
PRIMARY HEALTH CARE
emergency requirement pursuant to section in containment and mitigation of COVID-19
251(b)(2)(A)(i) of the Balanced Budget and transmission among essential workers, as
For an additional amount for ‘‘Primary
Emergency Deficit Control Act of 1985. well as provide funding to employers of es-
Health Care’’, $7,600,000,000, for necessary ex-
RYAN WHITE HIV/AIDS PROGRAM sential workers for containment and mitiga-
penses to prevent, prepare for, and respond
tion of COVID-19 transmission among essen-
to coronavirus, for grants and cooperative For an additional amount for ‘‘Ryan White
tial workers in their workplaces, as de-
agreements under the Health Centers Pro- HIV/AIDS Program’’, $100,000,000, to prevent,
scribed in section 651 of division K of this
gram, as defined by section 330 of the Public prepare for, and respond to coronavirus: Pro-
Act: Provided further, That of the amount
Health Service Act, and for grants to Feder- vided, That awards from funds provided
ally qualified health centers, as defined in made available under this heading in this
under this heading in this Act shall be
section 1861(aa)(4)(B) of the Social Security Act, up to $500,000,000 shall be for activities
through modifications to existing contracts
Act, and for eligible entities under the Na- to plan, prepare for, promote, distribute, ad-
and supplements to existing grants and coop-
tive Hawaiian Health Care Improvement Act, minister, monitor, and track seasonal influ-
erative agreements under parts A, B, C, D,
including maintenance or expansion of enza vaccines to ensure broad-based distribu-
and F, or section 2692(a) of title XXVI of the
health center and system capacity and staff- tion, access, and vaccine coverage: Provided
Public Health Service Act: Provided further,
ing levels: Provided, That sections further, That funds made available under this
That such supplements shall be awarded
330(r)(2)(B), 330(e)(6)(A)(iii), and heading in this Act may reimburse CDC obli-
using a data-driven methodology determined
330(e)(6)(B)(iii) shall not apply to funds pro- gations incurred for vaccine planning, prepa-
by the Secretary of Health and Human Serv-
vided under this heading in this Act: Pro- ration, promotion, and distribution prior to
ices: Provided further, That sections 2604(c),
vided further, That funds provided under this the enactment of this Act: Provided further,
2612(b), and 2651(c) of the Public Health Serv-
heading in this Act may be used to (1) pur- That the Director of CDC shall report to the
ice Act shall not apply to funds provided
chase equipment and supplies to conduct mo- Committees on Appropriations of the House
under this heading in this Act: Provided fur-
bile testing for SARS–CoV–2 or COVID–19; (2) of Representatives and the Senate within 60
ther, That the Secretary may waive any pen-
purchase and maintain mobile vehicles and days of enactment of this Act on an en-
alties and administrative requirements as
equipment to conduct such testing; and (3) hanced seasonal influenza vaccination strat-
may attach to these funds or to funds award-
hire and train laboratory personnel and egy to include nationwide vaccination goals
ed under title XXVI with respect to the Ryan
other staff to conduct such mobile testing: and specific actions that CDC will take to
White HIV/AIDS program as necessary to en-
Provided further, That such amount is des- achieve such goals: Provided further, That
sure that the funds may be used efficiently:
ignated by the Congress as being for an funds appropriated under this heading in this
Provided further, That such amount is des-
emergency requirement pursuant to section Act for grants may be used for the rent,
ignated by the Congress as being for an
251(b)(2)(A)(i) of the Balanced Budget and lease, purchase, acquisition, construction,
emergency requirement pursuant to section
Emergency Deficit Control Act of 1985. alteration, or renovation of non-Federally
251(b)(2)(A)(i) of the Balanced Budget and
HEALTH WORKFORCE owned facilities to improve preparedness and
Emergency Deficit Control Act of 1985.
response capability at the State and local
For an additional amount for ‘‘Health CENTERS FOR DISEASE CONTROL AND level: Provided further, That all construction,
Workforce’’, $1,000,000,000, to remain avail- PREVENTION
able until September 30, 2022, to prevent, pre- alteration, or renovation work, carried out,
CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT in whole or in part, with funds appropriated
pare for, and respond to coronavirus, of
which $800,000,000 shall be for carrying out For an additional amount for ‘‘CDC–Wide under this heading in this Act, or under this
title III of the Public Health Service Act Activities and Program Support’’, heading in the CARES Act (Public Law 116–
with respect to the health workforce and $13,700,000,000, to prevent, prepare for, and re- 136), shall be subject to the requirements of
$200,000,000 shall be for carrying out section spond to coronavirus, domestically or inter- section 1621(b)(1)(I) of the Public Health
846 of such Act: Provided, That of the amount nationally: Provided, That of the amount Service Act (42 U.S.C. 300s–1(b)(1)(I)): Pro-
made available under this heading in this provided under this heading in this Act, vided further, That such amount is des-
Act for carrying out title III of the Public $1,000,000,000 shall be for Public Health Emer- ignated by the Congress as being for an
Health Service Act with respect to the gency Preparedness cooperative agreements emergency requirement pursuant to section
health workforce, $100,000,000 shall be made under section 319C–1 of the Public Health 251(b)(2)(A)(i) of the Balanced Budget and
available for purposes of providing public Service Act: Provided further, That, of the Emergency Deficit Control Act of 1985.
health services through a supplemental amount provided under this heading in this NATIONAL INSTITUTES OF HEALTH
grant or grants to states currently partici- Act, $1,000,000,000 shall be for necessary ex- NATIONAL INSTITUTE OF ALLERGY AND
pating in the NHSC State Loan Repayment penses for grants for core public health infra- INFECTIOUS DISEASES
Program notwithstanding section 338I(b) of structure for State, local, Territorial, or For an additional amount for ‘‘National In-
the PHS Act, to make awards as authorized Tribal health departments as described in stitute of Allergy and Infectious Diseases’’,
under section 338I(j) of the Public Health section 550 of division K of this Act: Provided $500,000,000, to remain available until Sep-
Service (PHS) Act, and notwithstanding the further, That of the amount made available tember 30, 2024, to prevent, prepare for, and
health professional shortage area require- under this heading in this Act for specified respond to coronavirus: Provided, That such
ments under 338I, the Secretary may develop programs, not less than $100,000,000 shall be amount is designated by the Congress as
rules needed to implement this proviso: Pro- allocated to tribes, tribal organizations, being for an emergency requirement pursu-
vided further, That for purposes of the pre- urban Indian health organizations, or health ant to section 251(b)(2)(A)(i) of the Balanced
vious proviso, notwithstanding section service providers to tribes: Provided further, Budget and Emergency Deficit Control Act
338I(d)(2) of the PHS Act, no more than 10 That of the amount made available under of 1985.
percent of funds made available in such sup- this heading in this Act, not less than NATIONAL INSTITUTE OF MENTAL HEALTH
plemental grants may be used by the state $1,000,000,000 shall be for global disease detec-
for administration of the State Loan Repay- For an additional amount for ‘‘National In-
tion and emergency response: Provided fur-
ment Program in that state: Provided fur- stitute of Mental Health’’, $200,000,000, to re-
ther, That of the amount provided under this
ther, That for the purposes of these funds, main available until September 30, 2024, to
heading in this Act, not less than $200,000,000
the term ‘‘primary health services’’ and ‘‘pri- prevent, prepare for, and respond to
shall be for public health data surveillance
mary health care services’’ as referenced in coronavirus: Provided, That such amount is
and analytics infrastructure modernization:
section 338I of the PHS Act, includes public designated by the Congress as being for an
Provided further, That of the amount made
health services, as defined by the Secretary: emergency requirement pursuant to section
available under this heading in this Act,
Provided further, That such amount is des- 251(b)(2)(A)(i) of the Balanced Budget and
$7,000,000,000 shall be for activities to plan,
Emergency Deficit Control Act of 1985.
ctelli on DSK11ZRN23PROD with SENATE
ignated by the Congress as being for an prepare for, promote, distribute, administer,
emergency requirement pursuant to section monitor, and track coronavirus vaccines, as OFFICE OF THE DIRECTOR
251(b)(2)(A)(i) of the Balanced Budget and described in section 703 of division K of this (INCLUDING TRANSFER OF FUNDS)
Emergency Deficit Control Act of 1985. Act, to ensure broad-based distribution, ac- For an additional amount for ‘‘Office of the
MATERNAL AND CHILD HEALTH cess, and vaccine coverage: Provided further, Director’’, $4,021,000,000, to remain available
For an additional amount for ‘‘Maternal That of the amount made available under until September 30, 2024, to prevent, prepare
and Child Health’’, $500,000,000, to prevent, this heading in this Act, $1,000,000,000 shall for, and respond to coronavirus, domestically
VerDate Sep 11 2014 06:25 Oct 20, 2020 Jkt 019060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\A19OC6.003 S19OCPT1
October 19, 2020 CONGRESSIONAL RECORD — SENATE S6087
or internationally: Provided, That not less CENTERS FOR MEDICARE & MEDICAID SERVICES sistance to health care sector employees,
than $3,000,000,000 of the amount provided PROGRAM MANAGEMENT emergency responders, sanitation workers,
under this heading in this Act shall be for For an additional amount for ‘‘Program farmworkers, and other workers deemed es-
offsetting the costs related to reductions in Management’’, $500,000,000, to prevent, pre- sential during the response to coronavirus by
lab productivity resulting from the public officials, without regard to the in-
pare for, and respond to coronavirus, for
coronavirus pandemic or public health meas- come eligibility requirements of section
State strike teams for resident and employee
ures related to the coronavirus pandemic: 658P(4) of such Act: Provided further, That
safety in skilled nursing facilities and nurs-
Provided further, That up to $1,021,000,000 of funds appropriated under this heading in this
ing facilities, including activities to support
the amount provided under this heading in Act shall be available to eligible child care
this Act shall be to support additional sci- clinical care, infection control, and staffing
providers under section 658P(6) of the CCDBG
entific research or the programs and plat- pursuant to section 208 of division K of this
Act, even if such providers were not receiv-
forms that support research: Provided further, Act: Provided, That such amount is des-
ing CCDBG assistance prior to the public
That funds made available under this head- ignated by the Congress as being for an
health emergency as a result of the
ing in this Act may be transferred to the ac- emergency requirement pursuant to section
coronavirus, for the purposes of cleaning and
counts of the Institutes and Centers of the 251(b)(2)(A)(i) of the Balanced Budget and
sanitation, and other activities necessary to
National Institutes of Health (‘‘NIH’’): Pro- Emergency Deficit Control Act of 1985.
maintain or resume the operation of pro-
vided further, That this transfer authority is ADMINISTRATION FOR CHILDREN AND FAMILIES grams: Provided further, That no later than 60
in addition to any other transfer authority LOW INCOME HOME ENERGY ASSISTANCE days after the date of enactment of this Act,
available to the NIH: Provided further, That For an additional amount for ‘‘Low Income each State, Territory, and Tribe that re-
such amount is designated by the Congress Home Energy Assistance’’, $4,500,000,000, to ceives funding under this heading in this Act
as being for an emergency requirement pur- prevent, prepare for, and respond to shall submit to the Secretary a report, in
suant to section 251(b)(2)(A)(i) of the Bal- coronavirus, for making payments under such manner as the Secretary may require,
anced Budget and Emergency Deficit Control subsection (b) of section 2602 of the Low-In- describing how the funds appropriated under
Act of 1985. come Home Energy Assistance Act of 1981 (42 this heading in this Act will be spent and
SUBSTANCE ABUSE AND MENTAL HEALTH U.S.C. 8621 et seq.): Provided, That of the that no later than 90 days after the date of
SERVICES ADMINISTRATION amount provided under this heading in this enactment of this Act, the Secretary shall
HEALTH SURVEILLANCE AND PROGRAM SUPPORT Act, $2,250,000,000 shall be allocated as submit to the Committees on Appropriations
For an additional amount for ‘‘Health Sur- though the total appropriation for such pay- of the House of Representatives and the Sen-
veillance and Program Support’’, ments for fiscal year 2021 was less than ate, the Committee on Education and Labor
$8,500,000,000, to prevent, prepare for, and re- $1,975,000,000: Provided further, That section of the House of Representatives, and the
spond to coronavirus: Provided, That of the 2607(b)(2)(B) of such Act (42 U.S.C. Committee on Health, Education, Labor, and
funds made available under this heading in 8626(b)(2)(B)) shall not apply to funds made Pensions of the Senate a report summarizing
this Act, $3,500,000,000 shall be for grants for available under this heading in this Act: Pro- such reports from the States, Territories,
the substance abuse prevention and treat- vided further, That such amount is des- and Tribes: Provided further, That, no later
ment block grant program under subpart II ignated by the Congress as being for an than October 31, 2021, each State, Territory,
of part B of title XIX of the Public Health emergency requirement pursuant to section and Tribe that receives funding under this
Service Act (‘‘PHS Act’’): Provided further, 251(b)(2)(A)(i) of the Balanced Budget and heading in this Act shall submit to the Sec-
That of the funds made available under this Emergency Deficit Control Act of 1985. retary a report, in such manner as the Sec-
heading in this Act, $4,000,000,000 shall be for retary may require, describing how the funds
PAYMENTS TO STATES FOR THE CHILD CARE AND
grants for the community mental health appropriated under this heading in this Act
DEVELOPMENT BLOCK GRANT
services block grant program under subpart I were spent and that no later than 60 days
For an additional amount for ‘‘Payments after receiving such reports from the States,
of part B of title XIX of the PHS Act: Pro- to States for the Child Care and Develop-
vided further, That of the amount made avail- Territories, and Tribes, the Secretary shall
ment Block Grant’’, $7,000,000,000, to prevent, submit to the Committees on Appropriations
able in the previous proviso, the Assistant
prepare for, and respond to coronavirus, in- of the House of Representatives and the Sen-
Secretary is directed to provide no less than
cluding for Federal administrative expenses, ate, the Committee on Education and Labor
50 percent of funds directly to facilities de-
which shall be used to supplement, not sup- of the House of Representatives, and the
fined in section 1913(c) of the PHS Act: Pro-
plant State, Territory, and Tribal general Committee on Health, Education, Labor, and
vided further, That of the amount made avail-
revenue funds for child care assistance for Pensions of the Senate a report summarizing
able under this heading in this Act, not less
low-income families within the United such reports from the States, Territories,
than $600,000,000 is available for Certified
States (including territories) without regard and Tribes: Provided further, That payments
Community Behavioral Health Clinic Expan-
to requirements in sections 658E(c)(3)(D)–(E) made under this heading in this Act may be
sion Grant program: Provided further, That of
or section 658G of the Child Care and Devel- obligated in this fiscal year or the suc-
the amount made available under this head-
ing in this Act, not less than $50,000,000 shall opment Block Grant Act: Provided, That ceeding two fiscal years: Provided further,
be available for suicide prevention programs: funds provided under this heading in this Act That funds appropriated under this heading
Provided further, That of the funds made may be used for costs of providing relief from in this Act may be made available to restore
available under this heading in this Act, copayments and tuition payments for fami- amounts, either directly or through reim-
$100,000,000 shall be for activities and serv- lies and for paying that portion of the child bursement, for obligations incurred to pre-
ices under Project AWARE: Provided further, care provider’s cost ordinarily paid through vent, prepare for, and respond to
That of the funds made available under this family copayments, to provide continued coronavirus, prior to the date of enactment
heading in this Act, $10,000,000 shall be for payments and assistance to child care pro- of this Act: Provided further, That such
the National Child Traumatic Stress Net- viders in the case of decreased enrollment or amount is designated by the Congress as
work: Provided further, That of the amount closures related to coronavirus, and to en- being for an emergency requirement pursu-
made available under this heading in this sure child care providers are able to remain ant to section 251(b)(2)(A)(i) of the Balanced
Act, $240,000,000 is available for activities au- open or reopen as appropriate and applicable: Budget and Emergency Deficit Control Act
thorized under section 501(o) of the PHS Act: Provided further, That States, Territories, of 1985.
Provided further, That of the amount made and Tribes are encouraged to place condi- For an additional amount for ‘‘Payments
available under this heading in this Act for tions on payments to child care providers to States for the Child Care and Develop-
specified programs, not less than $150,000,000 that ensure that child care providers use a ment Block Grant’’, $50,000,000,000, for nec-
shall be allocated to tribes, tribal organiza- portion of funds received to continue to pay essary expenses to carry out the Child Care
tions, urban Indian health organizations, or the salaries and wages of staff: Provided fur- Stabilization Fund program, as authorized
health or behavioral health service providers ther, That lead agencies shall, for the dura- by section 803 of this Act: Provided, That
to tribes: Provided further, That with respect tion of the COVID–19 public health emer- such funds shall be available without regard
to the amount appropriated under this head- gency, implement enrollment and eligibility to the requirements in subparagraphs (C)
ing in this Act the Substance Abuse and policies that support the fixed costs of pro- through (E) of section 658E(c)(3) or section
Mental Health Services Administration may viding child care services by delinking pro- 658G of the Child Care and Development
waive requirements with respect to allow- vider reimbursement rates from an eligible Block Grant Act: Provided further, That
able activities, timelines, or reporting re- child’s absence and a provider’s closure due funds made available under this heading in
quirements for the Substance Abuse Preven- to the COVID–19 public health emergency: this Act may be made available to restore
tion and Treatment Block Grant and the Provided further, That the Secretary shall re- amounts, either directly or through reim-
Community Mental Health Services Block mind States that CCDBG State plans do not bursement, for obligations incurred prior to
ctelli on DSK11ZRN23PROD with SENATE
Grant as deemed necessary to facilitate a need to be amended prior to utilizing exist- the date of enactment of this Act for the
grantee’s response to coronavirus: Provided ing authorities in the Child Care and Devel- purposes provided herein: Provided further,
further, That such amount is designated by opment Block Grant Act for the purposes That such amount is designated by the Con-
the Congress as being for an emergency re- provided herein: Provided further, That gress as being for an emergency requirement
quirement pursuant to section 251(b)(2)(A)(i) States, Territories, and Tribes are author- pursuant to section 251(b)(2)(A)(i) of the Bal-
of the Balanced Budget and Emergency Def- ized to use funds appropriated under this anced Budget and Emergency Deficit Control
icit Control Act of 1985. heading in this Act to provide child care as- Act of 1985.
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S6088 CONGRESSIONAL RECORD — SENATE October 19, 2020
CHILD CARE STABILIZATION FUND (E) to carry out activities to improve the (i) ELIGIBILITY.—To be eligible to receive a
SEC. 803. (a) DEFINITIONS.—In this section: supply and quality of child care during and subgrant under this paragraph, a child care
(1) CCDBG TERMS.—The terms ‘‘eligible after the COVID–19 public health emergency, provider shall submit an application to a
child care provider’’, ‘‘Indian tribe’’, ‘‘lead such as conducting community needs assess- lead agency at such time and in such manner
agency’’, ‘‘tribal organization’’, ‘‘Secretary’’, ments, carrying out child care cost mod- as the lead agency may require. Such appli-
and ‘‘State’’ have the meanings given the eling, making improvements to child care fa- cation shall include—
terms in section 658P of the Child Care and cilities, increasing access to licensure or par- (I) a good-faith certification that the ongo-
Development Block Grant Act of 1990 (42 ticipation in the State’s tiered quality rat- ing operations of the child care provider
U.S.C. 9858n) except as otherwise provided in ing system, and carrying out other activities have been impacted as a result of the
this section. described in section 658G(b) of the Child Care COVID–19 public health emergency;
(2) COVID–19 PUBLIC HEALTH EMERGENCY.— and Development Block Grant Act of 1990 (42 (II) for a provider described in subpara-
The term ‘‘COVID–19 public health emer- U.S.C. 9858e(b)), to the extent that the lead graph (B)(ii)(I), an assurance that, for the
gency’’ means the public health emergency agency can carry out activities described in duration of the subgrant—
declared by the Secretary of Health and this subparagraph without preventing the (aa) the provider will give priority for
Human Services under section 319 of the lead agency from fully conducting the activi- available slots (including slots that are only
Public Health Service Act (42 U.S.C. 247d) on ties described in subparagraphs (A) through temporarily available) to—
(D). (AA) children of essential workers (such as
January 31, 2020, with respect to COVID–19,
(2) SUBGRANTS TO QUALIFIED CHILD CARE health care sector employees, emergency re-
including any renewal of the declaration.
PROVIDERS.— sponders, sanitation workers, farmworkers,
(b) GRANTS.—From the amounts appro-
(A) IN GENERAL.—The lead agency shall use child care employees, and other workers de-
priated to carry out this section and under
the remainder of the grant funds awarded termined to be essential during the response
the authority of section 658O of the Child
pursuant to subsection (b) to make sub- to coronavirus by public officials), children
Care and Development Block Grant Act of
grants to qualified child care providers de- of workers whose places of employment re-
1990 (42 U.S.C. 9858m) and this section, the
scribed in subparagraph (B), to support the quire their attendance, children experiencing
Secretary shall award child care stabiliza-
stability of the child care sector during and homelessness, children with disabilities,
tion grants to the lead agency of each State after the COVID–19 public health emergency children at risk of child abuse or neglect,
(as defined in that section 658O), territory and to ensure the maintenance of a delivery and children in foster care, in States, tribal
described in subsection (a)(1) of such section, system of child care services throughout the communities, or localities where stay-at-
Indian tribe, and tribal organization from al- State that provides for child care in a vari- home or related orders are in effect; or
lotments and payments made under sub- ety of settings, including the settings of fam- (BB) children of workers whose places of
section (c)(2), not later than 30 days after the ily child care providers, and for a variety of employment require their attendance, chil-
date of enactment of this Act. ages, including care for infants and toddlers. dren experiencing homelessness, children
(c) SECRETARIAL RESERVATION AND ALLOT- The lead agency shall provide the subgrant with disabilities, children at risk of child
MENTS.— funds in advance of provider expenditures for abuse or neglect, children in foster care, and
(1) RESERVATION.—The Secretary shall re- costs described in subsection (e), except as children whose parents are in school or a
serve not more than 1 percent of the funds provided in subsection (e)(2). training program, in States, tribal commu-
appropriated to carry out this section for the (B) QUALIFIED CHILD CARE PROVIDER.—To be nities, or localities where stay-at-home or
Federal administration of grants described qualified to receive a subgrant under this related orders are not in effect;
in subsection (b). Amounts reserved by the paragraph, a provider shall be an eligible (bb) the provider will implement policies in
Secretary for administrative expenses shall child care provider that— line with guidance from the Centers for Dis-
remain available until fiscal year 2024. (i) was providing child care services on or ease Control and Prevention and the cor-
(2) ALLOTMENTS.—The Secretary shall use before March 1, 2020; and responding State, tribal, and local authori-
the remainder of the funds appropriated to (ii) on the date of submission of an applica- ties, and in accordance with State, tribal,
carry out this section to award allotments to tion for the subgrant, was either— and local orders, for child care providers that
States, as defined in section 658O of the Child (I) open and available to provide child care remain open, including guidance on sanitiza-
Care Development Block Grant Act of 1990 services; or tion practices, group size limits, and social
(42 U.S.C. 9858m), and payments to terri- (II) closed due to the COVID–19 public distancing;
tories, Indian tribes, and tribal organizations health emergency. (cc) for each employee, the provider will
in accordance with paragraphs (1) and (2) of (C) SUBGRANT AMOUNT.—The lead agency pay the full compensation described in sub-
subsection (a), and subsection (b), of section shall make subgrants, from amounts award- section (e)(1)(C), including any benefits, that
658O of the Child Care and Development ed pursuant to subsection (b), to qualified was provided to the employee as of March 1,
Block Grant Act of 1990 (42 U.S.C. 9858m). child care providers, and the amount of such 2020 (referred to in this clause as ‘‘full com-
(d) STATE RESERVATIONS AND SUBGRANTS.— a subgrant to such a provider shall— pensation’’), and will not take any action
(1) RESERVATION.—A lead agency for a (i) be based on the provider’s stated aver- that reduces the weekly amount of the em-
State that receives a child care stabilization age operating expenses during the period (of ployee’s compensation below the weekly
grant pursuant to subsection (b) shall re- not longer than 6 months) before March 1, amount of full compensation, or that reduces
serve not more than 10 percent of such grant 2020, or before the provider’s last day of oper- the employee’s rate of compensation below
funds— ation for a provider that operates seasonally, the rate of full compensation; and
(A) to administer subgrants made to quali- and at minimum cover such operating ex- (dd) the provider will provide relief from
fied child care providers under paragraph (2), penses for the intended length of the copayments and tuition payments for the
including to carry out data systems building subgrant; families enrolled in the provider’s program
and other activities that enable the disburse- (ii) account for increased costs of providing and prioritize such relief for families strug-
ment of payments of such subgrants; or preparing to provide child care as a result gling to make either type of payments;
(B) to provide technical assistance and sup- of the COVID–19 public health emergency, (III) for a provider described in subpara-
port in applying for and accessing the such as provider and employee compensation graph (B)(ii)(II), an assurance that—
subgrant opportunity under paragraph (2), to and existing benefits (existing as of March 1, (aa) for the duration of the provider’s clo-
eligible child care providers (including to 2020) and the implementation of new prac- sure due to the COVID–19 public health
family child care providers, group home tices related to sanitization, group size lim- emergency, for each employee, the provider
child care providers, and other non-center- its, and social distancing; will pay full compensation, and will not take
based child care providers, providers in rural (iii) be adjusted for payments or reim- any action that reduces the weekly amount
areas, and providers with limited adminis- bursements made to an eligible child care of the employee’s compensation below the
trative capacity), either directly or through provider to carry out the Child Care and De- weekly amount of full compensation, or that
resource and referral agencies or staffed fam- velopment Block Grant Act of 1990 (42 U.S.C. reduces the employee’s rate of compensation
ily child care networks; 9857 et seq.) or the Head Start Act (42 U.S.C. below the rate of full compensation;
(C) to publicize the availability of sub- 9831 et seq.) if the period of such payments or (bb) children enrolled as of March 1, 2020,
grants under this section and conduct wide- reimbursements overlaps with the period of will maintain their slots, unless their fami-
spread outreach to eligible child care pro- the subgrant award; and lies choose to disenroll the children;
viders (including family child care providers, (iv) be adjusted for payments or reimburse- (cc) for the duration of the provider’s clo-
group home child care providers, and other ments made to an eligible child care provider sure due to the COVID–19 public health
non-center-based child care providers, pro- through the Paycheck Protection Program emergency, the provider will provide relief
viders in rural areas, and providers with lim- set forth in section 7(a)(36) of the Small from copayments and tuition payments for
ctelli on DSK11ZRN23PROD with SENATE
ited administrative capacity), either directly Business Act (15 U.S.C. 636(a)(36)), as added the families enrolled in the provider’s pro-
or through resource and referral agencies or by section 1102 of the Coronavirus Aid, Re- gram and prioritize such relief for families
staffed family child care networks, to ensure lief, and Economic Security Act (Public Law struggling to make either type of payments;
eligible child care providers are aware of the 116–136) if the period of such payments or re- and
subgrants available under this section; imbursements overlaps with the period of (dd) the provider will resume operations
(D) to carry out the reporting require- the subgrant award. when the provider is able to safely imple-
ments described in subsection (f); and (D) APPLICATION.— ment policies in line with guidance from the
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6089
Centers for Disease Control and Prevention viders, and other non-center-based child care ing staff-to-child ratios, and implementing
and the corresponding State, tribal, and providers, providers in rural areas, and pro- other heightened health and safety meas-
local authorities, and in accordance with viders with limited administrative capacity. ures;
State, tribal, and local orders; (F) PRIORITY.—In making subgrants under (O) mental health supports for children and
(IV) information about the child care pro- this section, the lead agency shall give pri- employees; and
vider’s— ority to qualified child care providers that, (P) other goods and services necessary to
(aa) program characteristics sufficient to prior to or on March 1, 2020— maintain or resume operation of the child
allow the lead agency to establish the child (i) provided child care during nontradi- care program, or to maintain the viability of
care provider’s priority status, as described tional hours; the child care provider as a going concern
in subparagraph (F); (ii) served dual language learners, children during and after the COVID–19 public health
(bb) program operational status on the with disabilities, children experiencing emergency.
date of submission of the application; homelessness, children in foster care, chil- (2) REIMBURSEMENT.—The qualified child
(cc) type of program, including whether dren from low-income families, or infants care provider may use the subgrant funds to
the program is a center-based child care, and toddlers; reimburse the provider for sums obligated or
family child care, group home child care, or (iii) served a high proportion of children expended before the date of enactment of
other non-center-based child care type pro- whose families received subsidies under the this Act for the cost of a good or service de-
gram; Child Care and Development Block Grant scribed in paragraph (1) to respond to the
(dd) total enrollment on the date of sub- Act of 1990 (42 U.S.C. 9857 et seq.) for the COVID–19 public health emergency.
mission of the application and total capacity child care; or (f) REPORTING.—
as allowed by the State and tribal authori- (iv) operated in communities, including (1) INITIAL REPORT.—A lead agency receiv-
ties; and rural communities, with a low supply of ing a grant under this section shall, within
(ee) receipt of assistance, and amount of child care. 60 days after making the agency’s first
assistance, through a payment or reimburse- (G) PROVIDERS RECEIVING OTHER ASSIST- subgrant under subsection (d)(2) to a quali-
ment described in subparagraph (C)(iv), and ANCE.—The lead agency, in determining fied child care provider, submit a report to
the time period for which the assistance was whether a provider is a qualified child care the Secretary that includes—
made; provider, shall not take into consideration (A) data on qualified child care providers
(V) information necessary to determine the receipt of a payment or reimbursement de- that applied for subgrants and qualified child
amount of the subgrant, such as information scribed in subparagraph (C)(iii) or subpara- care providers that received such subgrants,
about the provider’s stated average oper- graph (C)(iv). including—
ating expenses over the appropriate period, (H) AWARDS.—The lead agency shall equi- (i) the number of such applicants and the
described in subparagraph (C)(i); and tably make subgrants under this paragraph number of such recipients;
(VI) such other limited information as the to center-based child care providers, family (ii) the number and proportion of such ap-
lead agency shall determine to be necessary child care providers, group home child care plicants and recipients that received priority
to make subgrants to qualified child care providers, and other non-center-based child and the characteristic or characteristics of
providers. care providers, such that qualified child care such applicants and recipients associated
(ii) FREQUENCY.—The lead agency shall ac- providers are able to access the subgrant op- with the priority;
cept and process applications submitted portunity under this paragraph regardless of (iii) the number and proportion of such ap-
under this subparagraph on a rolling basis. the providers’ setting, size, or administrative plicants and recipients that are—
(iii) UPDATES.—The lead agency shall— capacity. (I) center-based child care providers;
(I) at least once a month, verify by obtain- (I) OBLIGATION.—The lead agency shall ob- (II) family child care providers;
ing a self-attestation from each qualified ligate at least 50 percent of funds available (III) group home child care providers; or
child care provider that received such a to carry out this section for subgrants de- (IV) other non-center-based child care pro-
subgrant from the agency, whether the pro- scribed in this paragraph, within 6 months of viders; and
vider is open and available to provide child the date of the enactment of this Act. (iv) within each of the groups listed in
care services or is closed due to the COVID– (e) USES OF FUNDS.— clause (iii), the number of such applicants
19 public health emergency; (1) IN GENERAL.—A qualified child care pro- and recipients that are, on the date of sub-
(II) allow the qualified child care provider vider that receives funds through such a mission of the application—
to update the information provided in a prior subgrant may use the funds for the costs of— (I) open and available to provide child care
application; and (A) payroll; services; or
(III) adjust the qualified child care pro- (B) employee benefits, including group (II) closed due to the COVID–19 public
vider’s subgrant award as necessary, based health plan benefits during periods of paid health emergency;
on changes to the application information, sick, medical, or family leave, and insurance (B) the total capacity of child care pro-
including changes to the provider’s oper- premiums; viders that are licensed, regulated, or reg-
ational status. (C) employee salaries or similar compensa- istered in the State on the date of the sub-
(iv) EXISTING APPLICATIONS.—If a lead agen- tion, including any income or other com- mission of the report;
cy has established and implemented a grant pensation to a sole proprietor or independent (C) a description of—
program for child care providers that is in ef- contractor that is a wage, commission, in- (i) the efforts of the lead agency to pub-
fect on the date of enactment of this Act, come, net earnings from self-employment, or licize the availability of subgrants under this
and an eligible child care provider has al- similar compensation; section and conduct widespread outreach to
ready submitted an application for such a (D) employee recruitment and retention; eligible child care providers about such sub-
grant to the lead agency containing the in- (E) payment on any mortgage obligation; grants, including efforts to make materials
formation specified in clause (i), the lead (F) rent (including rent under a lease available in languages other than English;
agency shall treat that application as an ap- agreement); (ii) the lead agency’s methodology for de-
plication submitted under this subparagraph. (G) utilities and facility maintenance; termining amounts of subgrants under sub-
If an eligible child care provider has already (H) insurance; section (d)(2);
submitted such an application containing (I) providing premium pay for child care (iii) the lead agency’s timeline for dis-
part of the information specified in clause providers and other employees who provide bursing the subgrant funds; and
(i), the provider may submit to the lead services during the COVID–19 public health (iv) the lead agency’s plan for ensuring
agency an abbreviated application that con- emergency; that qualified child care providers that re-
tains the remaining information, and the (J) sanitization and other costs associated ceive funding through such a subgrant com-
lead agency shall treat the 2 applications as with cleaning; ply with assurances described in subsection
an application submitted under this subpara- (K) personal protective equipment and (d)(2)(D) and use funds in compliance with
graph. other equipment necessary to carry out the subsection (e); and
(E) MATERIALS.— functions of the child care provider; (D) such other limited information as the
(i) IN GENERAL.—The lead agency shall pro- (L) training and professional development Secretary may require.
vide the materials and other resources re- related to health and safety practices, in- (2) QUARTERLY REPORT.—The lead agency
lated to such subgrants, including a notifica- cluding the proper implementation of poli- shall, following the submission of such ini-
tion of subgrant opportunities and applica- cies in line with guidance from the Centers tial report, submit to the Secretary a report
tion materials, to qualified child care pro- for Disease Control and Prevention and the that contains the information described in
viders in the most commonly spoken lan- corresponding State, tribal, and local au- subparagraphs (A), (B), and (D) of paragraph
guages in the State. thorities, and in accordance with State, trib- (1) once a quarter until all funds allotted for
ctelli on DSK11ZRN23PROD with SENATE
(ii) APPLICATION.—The application shall be al, and local orders; activities authorized under this section are
accessible on the website of the lead agency (M) purchasing or updating equipment and expended.
within 30 days after the lead agency receives supplies to serve children during nontradi- (3) FINAL REPORT.—Not later than 60 days
grant funds awarded pursuant to subsection tional hours after a lead agency receiving a grant under
(b) and shall be accessible to all eligible (N) modifications to child care services as this section has obligated all of the grant
child care providers, including family child a result of the COVID–19 public health emer- funds (including funds received under sub-
care providers, group home child care pro- gency, such as limiting group sizes, adjust- section (h)), the lead agency shall submit a
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S6090 CONGRESSIONAL RECORD — SENATE October 19, 2020
report to the Secretary, in such manner as (g) SUPPLEMENT NOT SUPPLANT.—Amounts 641A(h)(1)(B), or 645(d)(3) of the Head Start
the Secretary may require, that includes— made available to carry out this section Act: Provided further, That funds made avail-
(A) the total number of eligible child care shall be used to supplement and not supplant able in this paragraph are not subject to the
providers who were providing child care serv- other Federal, State, and local public funds allocation requirements of section 640(a) of
ices on or before March 1, 2020, in the State expended to provide child care services for the Head Start Act;
and the number of such providers that sub- eligible individuals, including funds provided (2) $100,000,000 for Family Violence Preven-
mitted an application under subsection under the Child Care and Development Block tion and Services grants as authorized by
(d)(2)(D); Grant Act of 1990 (42 U.S.C. 9857 et seq.) and section 303(a) and 303(b) of the Family Vio-
(B) the number of qualified child care pro- State child care programs. lence Prevention and Services Act with such
viders in the State that received funds (h) REALLOTMENT OF UNOBLIGATED funds available to grantees without regard to
through the grant; FUNDS.— matching requirements under section
(C) the lead agency’s methodology for de- (1) UNOBLIGATED FUNDS.— A State, Indian 306(c)(4) of such Act, of which $2,000,000 shall
termining amounts of subgrants under sub- tribe, or tribal organization that anticipates be for the National Domestic Violence Hot-
section (d)(2); being unable to obligate all grant funds re- line: Provided, That the Secretary of Health
(D) the average and range of the subgrant ceived under this section by September 30, and Human Services may make such funds
amounts by provider type (center-based child 2022 shall notify the Secretary, at least 60 available for providing temporary housing
care, family child care, group home child days prior to such date, of the amount of and assistance to victims of family, domes-
care, or other non-center-based child care funds it anticipates being unable to obligate tic, and dating violence;
provider); by such date. A State, Indian tribe, or tribal (3) $75,000,000 for child welfare services as
(E) the percentages of the child care pro- organization shall return to the Secretary authorized by subpart 1 of part B of title IV
viders that received such a subgrant, that, any grant funds received under this section of the Social Security Act (other than sec-
on or before March 1, 2020— that the State, Indian tribe, or tribal organi- tions 426, 427, and 429 of such subpart), with
(i) provided child care during nontradi- zation does not obligate by September 30, such funds available to grantees without re-
tional hours; 2022. gard to matching requirements under section
(ii) served dual language learners, children (2) REALLOTMENT.—The Secretary shall 424(a) of that Act or any applicable reduc-
with disabilities, children experiencing award new allotments and payments, in ac- tions in Federal financial participation
homelessness, children in foster care, chil- cordance with subsection (c)(2), to covered under section 424(f) of that Act;
dren from low-income families, or infants States, Indian tribes, or tribal organizations (4) $225,000,000 for necessary expenses for
and toddlers; from funds that are returned under para- community-based grants for the prevention
(iii) served a high proportion of children graph (1) within 60 days of receiving such of child abuse and neglect under section 209
whose families received subsidies under the funds. Funds made available through the of the Child Abuse Prevention and Treat-
Child Care and Development Block Grant new allotments and payments shall remain ment Act, which the Secretary shall make
Act of 1990 (42 U.S.C. 9857 et seq.) for the available to each covered State, Indian tribe, without regard to sections 203(b)(1) and 204(4)
child care; and or tribal organization until September 30, of such Act;
(iv) operated in communities, including 2023. (5) $100,000,000 for necessary expenses for
rural communities, with a low supply of (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL the Child Abuse Prevention and Treatment
child care; ORGANIZATION.—For purposes of paragraph Act State Grant program as authorized by
(F) the number of children served by the (2), a covered State, Indian tribe, or tribal Section 112 of such Act; and
child care providers that received such a organization is a State, Indian tribe, or trib- (6) $1,500,000,000 for necessary expenses for
subgrant, for the duration of the subgrant; al organization that received an allotment or grants to carry out the Low-Income House-
(G) the percentages, of the child care pro- payment under this section and was not re- hold Drinking Water and Wastewater Assist-
viders that received such a subgrant, that quired to return grant funds under paragraph ance program, as described in section 303 of
are— (1). division U of this Act:
(i) center-based child care providers; (i) EXCEPTIONS.—The Child Care and Devel- Provided, That funds made available under
(ii) family child care providers; opment Block Grant Act of 1990 (42 U.S.C. this heading in this Act may be used for the
(iii) group home child care providers; or 9857 et seq.), excluding requirements in sub- purposes provided herein to reimburse costs
(iv) other non-center-based child care pro- paragraphs (C) through (E) of section incurred between January 20, 2020, and the
viders; 658E(c)(3), section 658G, and section 658J(c) of date of award: Provided further, That such
(H) the percentages, of the child care pro- such Act (42 U.S.C. 9858c(c)(3), 9858e, amount is designated by the Congress as
viders listed in subparagraph (G) that are, on 9858h(c)), shall apply to child care services being for an emergency requirement pursu-
the date of submission of the application— provided under this section to the extent the ant to section 251(b)(2)(A)(i) of the Balanced
application of such Act does not conflict Budget and Emergency Deficit Control Act
(i) open and available to provide child care
with the provisions of this section. Nothing of 1985.
services; or
(ii) closed due to the COVID–19 public in this Act shall be construed to require a ADMINISTRATION FOR COMMUNITY LIVING
health emergency; State, Indian tribe, or tribal organization to AGING AND DISABILITY SERVICES PROGRAMS
(I) information about how child care pro- submit an application, other than the appli- For an additional amount for ‘‘Aging and
viders used the funds received under such a cation described in section 658E or 658O(c) of Disability Services Programs’’, $1,000,000,000,
subgrant; the Child Care and Development Block Grant to prevent, prepare for, and respond to the
(J) information about how the lead agency Act of 1990 (42 U.S.C. 9858c, 9858m(c)), to re- coronavirus: Provided, That of the amount
used funds reserved under subsection (d)(1); ceive a grant under this Act. made available under this heading in this
and (j) APPLICATION.—In carrying out the Child Act, $925,000,000 shall be for activities au-
(K) information about how the subgrants Care and Development Block Grant Act of thorized under the Older Americans Act of
helped to stabilize the child care sector. 1990 with funds other than the funds made 1965 (‘‘OAA’’), including $200,000,000 for sup-
(4) REPORTS TO CONGRESS.— available under this heading in this Act, the portive services under part B of title III;
(A) FINDINGS FROM INITIAL REPORTS.—Not Secretary shall calculate the amounts of ap- $480,000,000 for nutrition services under sub-
later than 60 days after receiving all reports propriated funds described in subsections (a) parts 1 and 2 of part C of title III; $20,000,000
required to be submitted under paragraph and (b) of section 658O of such Act (42 U.S.C. for nutrition services under title VI;
(1), the Secretary shall provide a report to 9858m) by excluding funds made available $150,000,000 for supportive services for family
the Committee on Education and Labor of under this heading in this Act. caregivers under part E of title III; $44,000,000
the House of Representatives, to the Com- CHILDREN AND FAMILIES SERVICES PROGRAMS for evidence-based health promotion and dis-
mittee on Health, Education, Labor and Pen- For an additional amount for ‘‘Children ease prevention services under part D of title
sions of the Senate, and to the Committees and Families Services Programs’’, III; $6,000,000 for aging network support ac-
on Appropriations of the House of Represent- $3,700,000,000, to prevent, prepare for, and re- tivities to develop targeted outreach strate-
atives and the Senate, summarizing the find- spond to coronavirus, which shall be used as gies to reach particularly at-risk popu-
ings from the reports received under para- follows: lations, including populations targeted under
graph (1). (1) $1,700,000,000 for making payments section 306(a)(4)(A)(i)(l) of such Act;
(B) FINDINGS FROM FINAL REPORTS.—Not under the Head Start Act, including for Fed- $20,000,000 for elder rights protection activi-
later than 36 months after the date of enact- eral administrative expenses, and allocated ties, including the long-term ombudsman
ment of this Act, the Secretary shall provide in an amount that bears the same ratio to program under title VII; and $5,000,000 shall
a report to the Committee on Education and such portion as the number of enrolled chil- be for grants to States to support the net-
ctelli on DSK11ZRN23PROD with SENATE
Labor of the House of Representatives, to dren served by the agency involved bears to work of statewide senior legal services, in-
the Committee on Health, Education, Labor the number of enrolled children by all Head cluding existing senior legal hotlines, efforts
and Pensions of the Senate, and to the Com- Start agencies: Provided, That none of the to expand such hotlines to all interested
mittees on Appropriations of the House of funds made available in this paragraph shall States, and legal assistance to providers, in
Representatives and the Senate, summa- be included in the calculation of the ‘‘base order to ensure seniors have access to legal
rizing the findings from the reports received grant’’ in subsequent fiscal years, as such assistance, with such fund allotted to States
under paragraph (3). term is defined in sections 640(a)(7)(A), consistent with paragraphs (1) through (3) of
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6091
section 304(a) of the OAA: Provided further, of necessary countermeasures and vaccines, section 319F–2(a) of the Public Health Serv-
That State matching requirements under prioritizing platform-based technologies ice Act where the Secretary determines that
sections 304(d)(1)(D) and 373(g)(2) of the OAA with U.S.-based manufacturing capabilities, such a contract is necessary to assure suffi-
shall not apply to funds made available the purchase of vaccines, therapeutics, cient domestic production of such supplies:
under this heading: Provided further, That of diagnostics, necessary medical supplies, as Provided further, That all construction, alter-
the amount made available under this head- well as medical surge capacity, addressing ation, or renovation work, carried out, in
ing in this Act, $50,000,000 shall be for activi- blood supply chain, workforce moderniza- whole or in part, with fund appropriated
ties authorized in the Developmental Dis- tion, telehealth access and infrastructure, under this heading in this Act, the CARES
abilities Assistance and Bill of Rights Act of initial advanced manufacturing, novel dis- Act (P.L. 116–136), or the Paycheck Protec-
2000: Provided further, That of the amount pensing, enhancements to the U.S. Commis- tion Program and Health Care Enhancement
made available under this heading in this sioned Corps, and other preparedness and re- Act (P.L. 116–139), shall be subject to the re-
Act, $25,000,000 shall be for activities author- sponse activities: Provided, That funds appro- quirements of 42 U.S.C. 300s-1(b)(1)(I): Pro-
ized in the Assistive Technology Act of 2004: priated under this paragraph in this Act may vided further, That not later than seven days
Provided further, That of the amount made be used to develop and demonstrate innova- after the date of enactment of this Act, and
available in the preceding proviso, $5,000,000 tions and enhancements to manufacturing weekly thereafter until the public health
shall be for the purchase of equipment to platforms to support such capabilities: Pro- emergency related to coronavirus is no
allow interpreters to provide appropriate and vided further, That the Secretary of Health longer in effect, the Secretary shall report to
essential services to the hearing-impaired and Human Services shall purchase vaccines the Committees on Appropriations of the
community: Provided further, That for the developed using funds made available under House of Representatives and the Senate on
purposes of the funding provided in the pre- this paragraph in this Act to respond to an the current inventory of ventilators and per-
ceding proviso, during the emergency period outbreak or pandemic related to coronavirus sonal protective equipment in the Strategic
described in section 1135(g)(1)(B) of the So- in quantities determined by the Secretary to National Stockpile, including the numbers of
cial Security Act, for purposes of section be adequate to address the public health face shields, gloves, goggles and glasses,
4(e)(2)(A) of the Assistive Technology Act of need: Provided further, That products pur- gowns, head covers, masks, and respirators,
2004, the term ‘‘targeted individuals and en- chased by the Federal government with as well as deployment of ventilators and per-
tities’’ (as that term is defined in section funds made available under this paragraph in sonal protective equipment during the pre-
3(16) of the Assistive Technology Act of 2004) this Act, including vaccines, therapeutics, vious week, reported by state and other ju-
shall be deemed to include American Sign and diagnostics, shall be purchased in ac- risdiction: Provided further, That not later
Language certified interpreters who are pro- cordance with Federal Acquisition Regula- than the first Monday in February of fiscal
viding interpretation services remotely for tion guidance on fair and reasonable pricing: year 2021 and each fiscal year thereafter, the
individuals with disabilities: Provided fur- Provided further, That the Secretary may Secretary shall include in the annual budget
ther, That during such emergency period, for take such measures authorized under current submission for the Department, and submit
the purposes of the previous two provisos, to law to ensure that vaccines, therapeutics, to the Congress, the Secretary’s request with
facilitate the ability of individuals with dis- and diagnostics developed from funds pro- respect to expenditures necessary to main-
abilities to remain in their homes and prac- vided in this Act will be affordable in the tain the minimum level of relevant supplies
tice social distancing, the Secretary shall commercial market: Provided further, That in
in the Strategic National Stockpile, includ-
carrying out the previous proviso, the Sec-
waive the prohibitions on the use of grant ing in case of a significant pandemic, in con-
retary shall not take actions that delay the
funds for direct payment for an assistive sultation with the working group under sec-
development of such products: Provided fur-
technology device for an individual with a tion 319F(a) of the Public Health Service Act
ther, That products purchased with funds ap-
disability under sections 4(e)(2)(A) and 4(e)(5) and the Public Health Emergency Medical
propriated under this paragraph in this Act
of such Act: Provided further, That such Countermeasures Enterprise established
may, at the discretion of the Secretary of
amount is designated by the Congress as under section 2811–1 of such Act: Provided
Health and Human Services, be deposited in
being for an emergency requirement pursu- further, That such amount is designated by
the Strategic National Stockpile under sec-
ant to section 251(b)(2)(A)(i) of the Balanced the Congress as being for an emergency re-
tion 319F–2 of the Public Health Service Act:
Budget and Emergency Deficit Control Act quirement pursuant to section 251(b)(2)(A)(i)
Provided further, That funds appropriated
of 1985. under this paragraph in this Act may be of the Balanced Budget and Emergency Def-
For an additional amount for ‘‘Aging and icit Control Act of 1985.
transferred to, and merged with, the fund au-
Disability Services Programs’’, $175,000,000, For an additional amount for ‘‘Public
thorized by section 319F–4, the Covered
to prevent, prepare for, and respond to the Health and Social Services Emergency
Countermeasure Process Fund, of the Public
coronavirus, which shall be used as follows: Fund’’, $50,000,000,000, to remain available
Health Service Act: Provided further, That of
(1) $5,000,000 for elder abuse, neglect, and until expended, to prevent, prepare for, and
the amount made available under this para-
exploitation forensic centers, as authorized respond to coronavirus, for necessary ex-
graph in this Act, $20,000,000,000 shall be
by section 2031(f) of the Social Security Act penses to make payments under the Health
available to the Biomedical Advanced Re-
(42 U.S.C. 1397l(f)); search and Development Authority for nec- Care Provider Relief Fund as described in
(2) $14,000,000 for grants for long-term care essary expenses of advanced research, devel- section 611 of division K of this Act: Provided,
staffing and technology, as authorized by opment, manufacturing, production, and pur- That such amount is designated by the Con-
section 2041(d) of the Social Security Act (42 chase of vaccines, therapeutics, and ancil- gress as being for an emergency requirement
U.S.C. 1397m(d)); lary medical products to prevent the spread pursuant to section 251(b)(2)(A)(i) of the Bal-
(3) $123,000,000 for adult protective services of SARS-CoV-2 and COVID-19, as described in anced Budget and Emergency Deficit Control
functions and grants, as authorized by sec- section 702 of division K of this Act: Provided Act of 1985.
tions 2042(a)(2), 2042(b)(5), and 2042(c)(6) of the For an additional amount for ‘‘Public
further, That of the amount made available
Social Security Act (42 U.S.C. 1397m—1); Health and Social Services Emergency
under this paragraph in this Act, $500,000,000
(4) $18,000,000 for long-term care ombuds- Fund’’, $75,000,000,000, to remain available
shall be available to the Biomedical Ad-
man program grants and training, as author- until expended, to prevent, prepare for, and
vanced Research and Development Authority
ized by sections 2043(a)(2) and 2043(b)(2) of the respond to coronavirus, for necessary ex-
for the construction, renovation, or equip-
Social Security Act (42 U.S.C. 1397m—2); penses to carry out the COVID–19 National
ping of U.S.-based next generation manufac-
(5) $14,000,000 for investigation systems and Testing and Contact Tracing Initiative, as
turing facilities, other than facilities owned
training, as authorized by sections described in subtitle D of title V of division
by the United States Government: Provided
6703(b)(1)(C) and 6703(b)(2)(C) of the Patient K of this Act: Provided, That such amount is
further, That of the amount made available
Protection and Affordable Care Act (42 designated by the Congress as being for an
under this paragraph in this Act, $500,000,000
U.S.C. 1395i—3a(b)); and emergency requirement pursuant to section
shall be available to the Biomedical Ad-
(6) $1,000,000 for assessment reports, as au- 251(b)(2)(A)(i) of the Balanced Budget and
vanced Research and Development Authority
thorized by section 207 of division J of this Emergency Deficit Control Act of 1985.
to promote innovation in antibacterial re-
Act: search and development: Provided further, DEPARTMENT OF EDUCATION
Provided, That such amount is designated by STATE FISCAL STABILIZATION FUND
That funds made available under this para-
the Congress as being for an emergency re-
graph in this Act may be used for grants for For an additional amount for ‘‘State Fiscal
quirement pursuant to section 251(b)(2)(A)(i)
the rent, lease, purchase, acquisition, con- Stabilization Fund’’, $208,058,000,000, to pre-
of the Balanced Budget and Emergency Def-
struction, alteration, or renovation of non- vent, prepare for, and respond to
icit Control Act of 1985.
Federally owned facilities to improve pre- coronavirus: Provided, That the Secretary of
OFFICE OF THE SECRETARY paredness and response capability at the Education (referred to under this heading as
ctelli on DSK11ZRN23PROD with SENATE
PUBLIC HEALTH AND SOCIAL SERVICES State and local level: Provided further, That ‘‘Secretary’’) shall make grants to the Gov-
EMERGENCY FUND funds appropriated under this paragraph in ernor of each State for support of elemen-
For an additional amount for ‘‘Public this Act may be used for the construction, tary, secondary, and postsecondary edu-
Health and Social Services Emergency alteration, renovation or equipping of non- cation and, as applicable, early childhood
Fund’’, $21,025,000,000, to prevent, prepare for, Federally owned facilities for the production education programs and services: Provided
and respond to coronavirus, domestically or of vaccines, therapeutics, diagnostics, and further, That of the amount made available,
internationally, including the development medicines and other items purchased under the Secretary shall first allocate up to one-
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S6092 CONGRESSIONAL RECORD — SENATE October 19, 2020
half of 1 percent to the outlying areas and for activities coordinated with State, local, ondary education in fiscal year 2019 for fiscal
one-half of 1 percent to the Bureau of Indian tribal, and territorial public health depart- years 2020, 2021, and 2022: Provided further,
Education (‘‘BIE’’) for BIE-funded schools ments to detect, prevent, or mitigate the That a State’s application shall include as-
and Tribal Colleges or Universities for ac- spread of infectious disease or otherwise re- surances that the State will maintain sup-
tivities consistent with this heading under spond to coronavirus; support online learn- port for elementary and secondary education
such terms and conditions as the Secretary ing by purchasing educational technology in fiscal year 2020, fiscal year 2021, and fiscal
may determine and in consultation with the and internet access for students, which may year 2022 at least at the level of such support
Secretary of the Interior: Provided further, include assistive technology or adaptive that is the average of such State’s support
That the Secretary may reserve up to equipment, that aids in regular and sub- for elementary and secondary education in
$30,000,000 for administration and oversight stantive educational interactions between the 3 fiscal years preceding the fiscal year
of the activities under this heading: Provided students and their classroom instructor; pro- for which State support for elementary and
further, That the Secretary shall allocate 61 vide ongoing professional development to secondary education is provided: Provided
percent of the remaining funds made avail- staff in how to effectively provide quality further, That any State receiving funding
able to carry out this heading to the States online academic instruction; provide assist- under this heading shall maintain or exceed
on the basis of their relative population of ance for children and families to promote eq- its per pupil spending on elementary and sec-
individuals aged 5 through 24 and allocate 39 uitable participation in quality online learn- ondary education in fiscal year 2019 or the
percent on the basis of their relative number ing; plan and implement activities related to proportion of such State’s spending on ele-
of children counted under section 1124(c) of supplemental afterschool programs and sum- mentary and secondary education in fiscal
the Elementary and Secondary Education mer learning, including providing classroom year 2019 for fiscal years 2020, 2021, and 2022:
Act of 1965 (referred to under this heading as instruction or quality online learning during Provided further, That a State educational
‘‘ESEA’’) as State grants: Provided further, the summer months; plan for and coordinate agency shall only be eligible to receive funds
That State grants shall support statewide el- during long-term closures, provide tech- under this Act if the State in which such
ementary, secondary, and postsecondary ac- nology for quality online learning to all stu- agency is located, in either of fiscal years
tivities; subgrants to local educational agen- dents, and how to support the needs of low- 2021 and 2022, does not reduce State funding
cies; and, subgrants to public institutions of income students, racial and ethnic minori- for a high-need local educational agency (de-
higher education: Provided further, That ties, students with disabilities, English fined as a local educational agency that has
States shall allocate 85 percent of the funds learners (including through such activities a higher percentage of economically dis-
received under the fourth proviso as sub- as are authorized under Title III of the advantaged students than the median local
grants to local educational agencies in pro- ESEA, such as ensuring the access of English educational agency in the state) such that
portion to the amount of funds such local learners to online learning, supporting pro- the per-pupil reduction in State funds in
educational agencies received under part A fessional development on digital instruction each such high-need local educational agen-
of title I of the ESEA in the most recent fis- for English learners, engagement with the cy is more than the overall per-pupil reduc-
cal year: Provided further, That subgrants parents of English learners, expanded sum- tion in State funds, as calculated by the
provided under the preceding proviso shall be mer and after-school programs, and mental total reduction in State funds provided to all
administered by State educational agencies: health supports), students experiencing local educational agencies in the State di-
Provided further, That States shall allocate 13 homelessness, and children in foster care, in- vided by the total student enrollment across
percent of the funds received under the cluding how to address learning gaps that all local educational agencies in the State:
fourth proviso as subgrants to public institu- are created or exacerbated due to long-term Provided further, That a State’s application
tions of higher education, of which 75 per- closures; support the continuity of student shall include assurances that the State will
cent shall be apportioned according to the engagement through social and emotional maintain State support for higher education
relative share in the State of students who learning; and other activities that are nec- (not including support for capital projects or
received Pell Grants who are not exclusively essary to maintain the operation of and con- for research and development or tuition and
enrolled in distance education courses prior tinuity of services in local educational agen- fees paid by students) in fiscal year 2020, fis-
to the coronavirus emergency at the institu- cies, including maintaining employment of cal year 2021, and fiscal year 2022 at least at
tion in the previous award year and 25 per- existing personnel, and reimbursement for the level of such support that is the average
cent shall be apportioned according to the eligible costs incurred during the national of such State’s support for higher education
relative share in the State of the total en- emergency: Provided further, That a public (which shall include State and local govern-
rollment of students at the institution who institution of higher education that receives ment funding to institutions of higher edu-
are not exclusively enrolled in distance edu- funds under this heading shall use funds for cation and state financial aid) in the 3 fiscal
cation courses prior to the coronavirus emer- education and general expenditures (includ- years preceding the fiscal year for which
gency at the institution in the previous ing defraying expenses due to lost revenue, State support for higher education is pro-
award year: Provided further, That the Gov- reimbursement for expenses already in- vided, and that any such State’s support for
ernor may use any funds received under the curred, and payroll) and grants to students higher education funding, as calculated as
fourth proviso that are not specifically re- for expenses directly related to coronavirus spending for public higher education per full-
served under this heading for additional sup- and the disruption of campus operations time equivalent student, shall be at least the
port to elementary, secondary, and postsec- (which may include emergency financial aid same in fiscal year 2022 as it was in fiscal
ondary education, including supports for to students for tuition, food, housing, tech- year 2019: Provided further, That in such ap-
under-resourced institutions, institutions nology, health care, and child care costs that plication, the Governor shall provide base-
with high burden due to the coronavirus, and shall not be required to be repaid by such line data that demonstrates the State’s cur-
institutions who did not possess distance students) or for the acquisition of tech- rent status in each of the areas described in
education capabilities prior to the nology and services directly related to the such assurances in the preceding provisos:
coronavirus emergency: Provided further, need for distance education and the training Provided further, That a State’s application
That the Governor shall return to the Sec- of faculty and staff to use such technology shall include assurances that the State will
retary any funds received that the Governor and services (which shall not include pay- not construe any provisions under this head-
does not award to local educational agencies ment to contractors for the provision of pre- ing as displacing any otherwise applicable
and public institutions of higher education enrollment recruitment activities): Provided provision of any collective-bargaining agree-
or otherwise commit within two years of re- further, That an institution of higher edu- ment between an eligible entity and a labor
ceiving such funds, and the Secretary shall cation may not use funds received under this organization as defined by section 2(5) of the
reallocate such funds to the remaining heading to increase its endowment or pro- National Labor Relations Act (29 U.S.C.
States in accordance with the fourth proviso: vide funding for capital outlays associated 152(5)) or analogous State law: Provided fur-
Provided further, That Governors shall use with facilities related to athletics, sectarian ther, That a State’s application shall include
State grants and subgrants to maintain or instruction, or religious worship: Provided assurances that the State shall maintain the
restore State and local fiscal support for ele- further, That funds may be used to support wages, benefits, and other terms and condi-
mentary, secondary and postsecondary edu- hourly workers, such as education support tions of employment set forth in any collec-
cation: Provided further, That funds for local professionals, classified school employees, tive-bargaining agreement between the eligi-
educational agencies may be used for any ac- and adjunct and contingent faculty: Provided ble entity and a labor organization, as de-
tivity authorized by the ESEA, including the further, That a Governor of a State desiring fined in the preceding proviso: Provided fur-
Native Hawaiian Education Act and the to receive an allocation under this heading ther, That a State’s application shall include
Alaska Native Educational Equity, Support, shall submit an application at such time, in assurances that all students with disabilities
and Assistance Act, the Individuals with Dis- such manner, and containing such informa- (as defined by section 602 of IDEA) are af-
abilities Education Act (‘‘IDEA’’), subtitle B tion as the Secretary may reasonably re- forded their full rights under IDEA, includ-
ctelli on DSK11ZRN23PROD with SENATE
of title VII of the McKinney-Vento Homeless quire: Provided further, That the Secretary ing all rights and services outlined in indi-
Assistance Act, the Adult Education and shall issue a notice inviting applications not vidualized education programs (‘‘IEPs’’) (as
Family Literacy Act or the Carl D. Perkins later than 15 days after the date of enact- defined in section 614(d) of IDEA), individual-
Career and Technical Education Act of 2006 ment of this Act: Provided further, That any ized family services plans (as defined by sec-
(‘‘the Perkins Act’’): Provided further, That a State receiving funding under this heading tion 636 of IDEA), and in section 504 of the
State or local educational agency receiving shall maintain its percent of total spending Rehabilitation Act of 1973: Provided further,
funds under this heading may use the funds on elementary, secondary, and postsec- That a State receiving funds under this
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6093
heading shall submit a report to the Sec- (A) one-half of 1 percent, to provide assist- covid-19, including those identified by the
retary, at such time and in such manner as ance to the outlying areas; and Centers for Disease Control and Prevention.
the Secretary may require, that describes (B) one-half of 1 percent, for payments to (f) REPORTING.—(1) The local educational
the use of funds provided under this heading: the Secretary of the Interior to provide as- agency shall include the following informa-
Provided further, That no recipient of funds sistance to Bureau of Indian Education-fund- tion in a report to the State educational
under this heading shall use funds to provide ed schools. agency within 60 days of receipt of grant
financial assistance to students to attend (c) SUBGRANTS TO LOCAL EDUCATIONAL funds—
private elementary or secondary schools, un- AGENCIES.—Within 60 days of the State’s ap- (A) which schools benefitted from the
less such funds are used to provide special proved application under paragraph (a), each funds in this section;
education and related services to children State shall allocate the remaining grant (B) how much funding each selected school
with disabilities whose IEPs require such funds awarded to the State under this sec- received; and
placement, and where the school district tion as subgrants to local educational agen- (C) a description of how the grant funds
maintains responsibility for providing such cies in the State, with the grant funds allo- were used.
children a free appropriate public education, cated to the local educational agencies with (2) The State educational agency shall in-
as authorized by IDEA: Provided further, the highest percentages of students eligible clude the following information in a report
That a local educational agency, State, in- for a free or reduced price lunch under the to the Secretary within 6 months of receipt
stitution of higher education, or other entity Richard B. Russell National School Lunch of grant funds—
that receives funds under ‘‘State Fiscal Sta- Act (42. U.S.C. 1751 et. seq.) with the public (A) which local educational agencies re-
bilization Fund’’, shall to the greatest extent school facilities with the highest needs re- ceived funding;
practicable, continue to pay its employees lated to the coronavirus as determined by (B) how much funding was awarded to each
and contractors during the period of any dis- the State. receiving local educational agency; and
ruptions or closures related to coronavirus: (1) PUBLIC NOTICE.—The State educational (C) a summary on the uses of funds for
Provided further, That the terms ‘‘elementary agency shall make subgrant information projects receiving funds under this section,
education’’ and ‘‘secondary education’’ have available to the public on the State edu- including the amount of local or state funds,
the meaning given such terms under State cational agency website, including the local if any, applied to projects.
law: Provided further, That the term ‘‘institu- educational agencies that received subgrant (3) The Secretary shall prepare and submit
tion of higher education’’ has the meaning awards and the amounts provided to each a report to the Committees on Appropria-
given such term in section 101 of the Higher local educational agency. tions of the House of Representatives and
Education Act of 1965: Provided further, That (2) SUBGRANT APPLICATIONS.—To be consid- the Senate, the Committee on Education and
the term ‘‘fiscal year’’ shall have the mean- ered for a subgrant under this section, a Labor of the House of Representatives, and
ing given such term under State law: Pro- qualified local educational agency shall sub- the Committee on Health, Education, Labor
vided further, That the term ‘‘State’’ means mit an application to the State educational and Pensions of the Senate within 10 months
each of the 50 States, the District of Colum- agency that shall include at minimum— of the date of enactment of this Act, that in-
bia, and the Commonwealth of Puerto Rico: (A) a description of the coronavirus-related cludes a summary of the types of projects
Provided further, That such amount is des- school facility needs within the local edu- that were funded with the grants.
ignated by the Congress as being for an cational agency; and HIGHER EDUCATION
emergency requirement pursuant to section (B) an estimate of how much addressing For an additional amount for ‘‘Higher Edu-
251(b)(2)(A)(i) of the Balanced Budget and the coronavirus-related facility needs will cation’’, $11,942,000,000 to prevent, prepare
Emergency Deficit Control Act of 1985. cost. for, and respond to coronavirus, of which
ELEMENTARY AND SECONDARY SCHOOL (d) USES OF FUNDS.—A local educational $11,000,000 shall be transferred to ‘‘National
EMERGENCY FACILITIES AID agency that receives funds under this section Technical Institute for the Deaf’’ to help de-
For an additional amount for ‘‘Elementary may use the funds for any of the following: fray expenses (which may include lost rev-
and Secondary School Emergency Facilities (1) School facility repairs and improve- enue, reimbursement for expenses already
Aid’’, $5,000,000,000 to prevent, prepare for, ments to enable operation of schools to re- incurred, technology costs associated with a
and respond to coronavirus: Provided, That duce risk of virus transmission and exposure transition to distance education, sign lan-
such amount is designated by the Congress to environmental health hazards, and to sup- guage and captioning costs associated with a
as being for an emergency requirement pur- port student health needs. transition to distance education, faculty and
suant to section 251(b)(2)(A)(i) of the Bal- (2) Inspection, testing, maintenance, re- staff trainings, and payroll) directly caused
anced Budget and Emergency Deficit Control pair, replacement, and upgrade projects to by coronavirus and to enable emergency fi-
Act of 1985. improve the indoor air quality in school fa- nancial aid to students for expenses directly
ADMINISTRATIVE PROVISION—ELEMENTARY cilities, including mechanical and non-me- related to coronavirus and the disruption of
AND SECONDARY SCHOOL EMERGENCY FACILI- chanical heating, ventilation, and air condi- university operations (which may include
TIES AID tioning systems, filtering, purification and food, housing, transportation, technology,
SEC. 804. (a)(1) GRANTS.—From the amount other air cleaning, fans, control systems, and health care, and child care), of which
made available under this heading in this window and door repair and replacement. $20,000,000 shall be transferred to ‘‘Howard
Act, the Secretary shall make elementary (3) School facility repairs and improve- University’’ to help defray expenses (which
and secondary school emergency facilities ments to support improved personal hygiene, may include lost revenue, reimbursement for
grants to each State educational agency such as repair, replacement, and installation expenses already incurred, technology costs
with an approved application. The Secretary of sinks for hand washing and touchless associated with a transition to distance edu-
shall issue a notice inviting applications not water dispensers for drinking, and health cation, technology costs associated with a
later than 30 days of enactment of this Act isolation areas. transition to distance education, faculty and
and approve or deny applications not later (4) Inspection, testing, maintenance, re- staff trainings, and payroll) directly related
than 30 days after receipt. pair, and replacement of school facility pota- to coronavirus and to enable grants to stu-
(2) For purposes of this section, a State ble water systems to provide safe drinking dents for expenses directly related to
designated agency shall mean the State edu- water after prolonged shutoffs. coronavirus and the disruption of university
cational agency, unless the Governor of a (5) Improvements to finishes, such as operations (which may include food, housing,
State designates a State agency other than painting and other surface repair, needed to transportation, technology, health care, and
the educational agency as responsible for enable effective sanitizing. child care), of which $11,000,000 shall be
school facilities improvement under this sec- (6) Improvements to school grounds needed transferred to ‘‘Gallaudet University’’ to
tion and informs the Secretary of such des- to enable outdoor instruction and other help defray expenses (which may include lost
ignation and the term ‘‘State’’ means each of physically distanced school activities. revenue, reimbursement for expenses already
the 50 States, the District of Columbia, and (7) Training of school facility staff in asso- incurred, technology costs associated with a
the Commonwealth of Puerto Rico . ciation with the above uses of funds. transition to distance education, sign lan-
(b)(1) ALLOCATIONS TO STATES.—The (8) Planning, assessment, management, de- guage and captioning costs associated with a
amount of each grant under subsection (a) sign, renovation, repair and construction ac- transition to distance education, faculty and
shall be allocated by the Secretary to each tivities in association with the above uses of staff trainings, and payroll) directly related
State in the same proportion as each State funds. to coronavirus and to enable grants to stu-
received under part A of title I of the ESEA (9) Inspection, testing, maintenance, re- dents for expenses directly related to
of 1965 in the most recent fiscal year. pair, replacement, and upgrade projects to coronavirus and the disruption of university
(2) STATE RESERVATION.—A State may re- electrical systems to allow or improve infor- operations (which may include food, housing,
ctelli on DSK11ZRN23PROD with SENATE
serve not more than 1⁄2 of 1 percent for ad- mation technology to provide virtual edu- transportation, technology, health care, and
ministration costs. cation. child care), and of which the remaining
(3) RESERVATION FOR OUTLYING AREAS AND (e) PRIORITY.—A local educational agency amounts shall be used to carry out parts A
BUREAU OF INDIAN EDUCATION-FUNDED that receives funds under this section shall and B of title III, parts A and B of title V,
SCHOOLS.—The Secretary shall reserve from prioritize funds for its school facilities that subpart 4 of part A of title VII, and part B of
the amount made available under this head- have the most significant facility improve- title VII of the Higher Education Act of 1965
ing in this Act— ment needs with respect to responding to (‘‘HEA’’) as follows:
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S6094 CONGRESSIONAL RECORD — SENATE October 19, 2020
(1) $3,500,000,000 for parts A and B of title Provided, That funds shall be used to make DEPARTMENTAL MANAGEMENT
III, parts A and B of title V, and subpart 4 of payments to such institutions to provide OFFICE OF INSPECTOR GENERAL
part A of title VII of the HEA to address emergency grants to students who attended For an additional amount for ‘‘Office of In-
needs directly related to coronavirus: Pro- such institutions at any point during the spector General’’, $7,000,000, to remain avail-
vided, That such amount shall be allocated coronavirus emergency and for any compo- able until expended, to prevent, prepare for,
by the Secretary proportionally to such pro- nent of the student’s cost of attendance (as and respond to coronavirus, including for
grams covered under this paragraph and defined under section 472 of the HEA), in- salaries and expenses necessary for over-
based on the relative share of funding appro- cluding tuition, food, housing, course mate- sight, investigations and audits of programs,
priated to such programs in the Further Con- rials, technology, health care, and child grants, and projects funded in this Act to re-
solidated Appropriations Act, 2020 (Public care): Provided further, That institutions of spond to coronavirus: Provided, That such
Law 116–94) and distributed to institutions of higher education may use such funds to de- amount is designated by the Congress as
higher education as follows: fray expenses (including lost revenue, reim- being for an emergency requirement pursu-
(A) Except as otherwise provided in sub- bursement for expenses already incurred, ant to section 251(b)(2)(A)(i) of the Balanced
paragraph (B), for eligible institutions under technology costs associated with a transi- Budget and Emergency Deficit Control Act
part B of title III and subpart 4 of part A of tion to distance education, faculty and staff of 1985.
title VII of the Higher Education Act, the trainings, and payroll) incurred by institu- GENERAL PROVISIONS—DEPARTMENT OF
Secretary shall allot to each eligible institu- tions of higher education: Provided further, EDUCATION
tion an amount using the following formula: That such payments shall not be used to in-
(i) 70 percent according to a ratio equiva- SEC. 805. The remaining unobligated bal-
crease endowments, to pay contractors for ances of funds made available to ‘‘Depart-
lent to the number of Pell Grant recipients
the provision of pre-enrollment recruitment ment of Education—Office of Inspector Gen-
in attendance at such institution at the end
activities, or provide funding for capital out- eral’’ in title VIII of division B of the CARES
of the school year preceding the beginning of
lays associated with facilities related to ath- Act (Public Law 116–136) are hereby re-
that fiscal year and the total number of Pell
Grant recipients at all such institutions; letics, sectarian instruction, or religious scinded, and an amount of additional new
(ii) 20 percent according to a ratio equiva- worship: Provided further, That any private, budget authority equivalent to the amount
lent to the total number of students enrolled nonprofit institution of higher education rescinded is hereby appropriated, for an addi-
at such institution at the end of the school that is not otherwise eligible for a grant of tional amount for fiscal year 2021, to remain
year preceding the beginning of that fiscal at least $1,000,000 under paragraph (2)(A)(ii) available until expended, for the same pur-
year and the number of students enrolled at of this heading and has a total enrollment of poses and under the same authorities as they
all such institutions; and at least 500 students shall be eligible to re- were originally appropriated, and shall be in
(iii) 10 percent according to a ratio equiva- ceive, from amounts reserved under para- addition to any other funds available for
lent to the total endowment size at all eligi- graph (2)(A)(i), an amount equal to which- such purposes: Provided, That the amounts
ble institutions at the end of the school year ever is the lesser of the total loss of revenue appropriated by this section may also be
preceding the beginning of that fiscal year and increased costs associated with the used for investigations and are available
and the total endowment size at such insti- coronavirus or $1,000,000: Provided further, until expended: Provided further, That
tutions; That of the funds provided under paragraph amounts rescinded pursuant to this section
(B) For eligible institutions under section 2(B), the Secretary shall make an applica- that were previously designated by the Con-
326 of the Higher Education Act, the Sec- tion available for institutions of higher edu- gress as an emergency requirement pursuant
retary shall allot to each eligible institution cation to demonstrate unmet need, which to the Balanced Budget and Emergency Def-
an amount in proportion to the award re- shall include for this purpose a dramatic de- icit Control Act of 1985 are designated by the
ceived from funding for such institutions in cline in revenue as a result of campus clo- Congress as being for an emergency require-
the Further Consolidated Appropriations sure, exceptional costs or challenges imple- ment pursuant to section 251(b)(2)(A)(i) of
Act, 2020 (Public Law 116–94); menting distance education platforms due to the Balanced Budget and Emergency Deficit
(C) For eligible institutions under section lack of a technological infrastructure, serv- Control Act of 1985: Provided further, That
316 of the Higher Education Act, the Sec- ing a large percentage of students who lack such amount is designated by the Congress
retary shall allot funding according to the as being for an emergency requirement pur-
access to adequate technology to move to
formula in section 316(d)(3) of the Higher suant to section 251(b)(2)(A)(i) of the Bal-
distance education, serving a region or com-
Education Act; anced Budget and Emergency Deficit Control
munity that has been especially impacted by
(D) Notwithstanding section 318(f) of the Act of 1985.
increased unemployment and displaced SEC. 806. Section 18004(c) of the
Higher Education Act, for eligible institu- workers, serving communities or regions
tions under section 318 of the Higher Edu- Coronavirus Aid, Relief, and Economic Secu-
where the number of coronavirus cases has rity Act (P.L. 116–136) is amended by striking
cation Act, the Secretary shall allot funding imposed exceptional costs on the institution,
according to the formula in section 318(e) of ‘‘to cover any costs associated with signifi-
and other criteria that the Secretary shall cant changes to the delivery of instruction
the Higher Education Act; identify after consultation with institutions
(E) Except as provided in subparagraphs due to the coronavirus’’ and inserting ‘‘to de-
of higher education or their representatives: fray expenses (including lost revenue, reim-
(C) and (D), for eligible institutions under Provided further, That no institution may re-
part A of title III of the Higher Education bursement for expenses already incurred,
ceive an award under the preceding proviso technology costs associated with a transi-
Act and parts A and B of title V, the Sec- unless it has submitted an application that
retary shall issue an application for eligible tion to distance education, faculty and staff
describes the impact of the coronavirus on trainings, payroll) incurred by institutions
institutions to demonstrate unmet need, and
the institution and the ways that the insti- of higher education.’’: Provided, That
the Secretary shall allow eligible institu-
tution will use the funds to ameliorate such amounts repurposed pursuant to the amend-
tions to apply for funds under one of the pro-
impact: Provided further, That the Secretary ment made by this section that were pre-
grams for which they are eligible.
shall reallocate any funds received from an viously designated by the Congress as an
(2) $8,400,000,000 for part B of title VII of
institution to remaining institutions in ac- emergency requirement pursuant to the Bal-
the HEA for institutions of higher education
cordance with paragraph 2(A): Provided fur- anced Budget and Emergency Deficit Control
(as defined in section 101 or 102(c) of the
ther, That the Secretary shall brief the Com- Act of 1985 are designated by the Congress as
HEA) to address needs directly related to
mittees on Appropriations fifteen days in ad- an emergency requirement pursuant to sec-
coronavirus as follows:
vance of making any application available tion 251(b)(2)(A)(i) of the Balanced Budget
(A) $7,000,000,000 shall be provided to pri-
for funds under paragraph (2)(B): Provided and Emergency Deficit Control Act of 1985.
vate, nonprofit institutions of higher edu- SEC. 807. With respect to the allocation and
cation, by apportioning— further, That such amount is designated by
the Congress as being for an emergency re- award of funds under this title, the Sec-
(i) 75 percent according to the relative retary of Education is prohibited from—
share of enrollment of Federal Pell Grant re- quirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Def- (a) establishing a priority or preference not
cipients who are not exclusively enrolled in specified in this title; and
distance education courses prior to the icit Control Act of 1985.
(b) imposing limits on the use of such
coronavirus emergency; and INSTITUTE OF EDUCATION SCIENCES funds not specified in this title.
(ii) 25 percent according to the relative SEC. 808. (a) LOCAL ACTIVITIES AND IN-PER-
share of the total enrollment of students For an additional amount for ‘‘Institute of SON CARE.—Notwithstanding each provision
who were not Federal Pell Grant recipients Education Sciences’’, $32,000,000 to prevent, in part B of title IV of the Elementary and
who are not exclusively enrolled in distance prepare for, and respond to coronavirus for Secondary Education Act of 1965 (20 U.S.C.
education courses prior to the coronavirus carrying out the National Assessment of 7171 et seq.) that requires activities under
ctelli on DSK11ZRN23PROD with SENATE
emergency. Educational Progress Authorization Act such part to be carried out during nonschool
(B) $1,400,000,000 shall be for institutions of (title III of Public Law 107–279): Provided, hours or periods when school is not in ses-
higher education with unmet need related to That such amount is designated by the Con- sion, for school year 2020–2021, an eligible en-
the coronavirus, including institutions of gress as being for an emergency requirement tity that is awarded a subgrant under section
higher education that offer their courses and pursuant to section 251(b)(2)(A)(i) of the Bal- 4204 of such Act (20 U.S.C. 7174) for commu-
programs exclusively through distance edu- anced Budget and Emergency Deficit Control nity learning centers may use such subgrant
cation: Act of 1985. funds—
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6095
(1) to carry out activities described in sec- on national and community service, under RAILROAD RETIREMENT BOARD
tion 4205 of such Act (20 U.S.C. 7175), regard- section 126(a) of the 1990 Act; (3) $5,000,000 LIMITATION ON ADMINISTRATION
less of whether such activities are conducted shall be available to carry out subtitle E of
in-person or virtually, or during school hours the 1990 Act; and (4) $12,000,000 shall be avail- For an additional amount for ‘‘Limitation
or when school is in session; and able for expenses authorized under section on Administration’’, $4,500,000 to prevent,
(2) to provide in-person care during— 501(a)(4)(F) of the 1990 Act, which shall be prepare for, and respond to coronavirus, in-
(A) the regular school day for students eli- awarded by CNCS on a competitive basis: cluding the expeditious dispensation of rail-
gible to receive services under part B of title Provided further, That for the purposes of car- road unemployment insurance benefits, and
IV of such Act (20 U.S.C. 7171 et seq.); and rying out the 1990 Act, satisfying the re- to support full-time equivalents and over-
(B) a period in which full-time in-person quirements in section 122(c)(1)(D) of such Act time hours as needed to administer the Rail-
instruction is not available for all such stu- may include a determination of need by the road Unemployment Insurance Act, and of
dents served by such eligible entity. local community: Provided further, That up which $8,300 shall be for administrative costs
(b) REQUIREMENTS.—An eligible entity may to $21,000,000 may be transferred for nec- related to implementing rebate payments:
carry out the activities described in sub- essary expenses of administration as pro- Provided, That such amount is designated by
section (a)(1) and the in-person care de- vided under section 501(a)(5) of the 1990 Act the Congress as being for an emergency re-
scribed in subsection (a)(2) if— and under section 504(a) of the 1973 Act: Pro- quirement pursuant to section 251(b)(2)(A)(i)
(1) such activities and in-person care sup- vided further, That such amount is des- of the Balanced Budget and Emergency Def-
plement but do not supplant regular school ignated by the Congress as being for an icit Control Act of 1985.
day requirements; emergency requirement pursuant to section LIMITATION ON THE OFFICE OF INSPECTOR
(2) such eligible entity complies with sec- 251(b)(2)(A)(i) of the Balanced Budget and GENERAL
tion 4204(b)(2)(D) of the Elementary and Sec- Emergency Deficit Control Act of 1985. For an additional amount for ‘‘Office of the
ondary Education Act of 1965 (20 U.S.C. PAYMENT TO THE NATIONAL SERVICE TRUST Inspector General’’, $500,000, to remain avail-
7174(b)(2)(D)) with respect to the activities
(INCLUDING TRANSFER OF FUNDS) able until expended, to prevent, prepare for,
carried out pursuant to this Act; and
and respond to coronavirus, including sala-
(3) such eligible entity specifies in an ap- For an additional amount for ‘‘National
ries and expenses necessary for oversight, in-
plication for a subgrant under section 4204(b) Service Trust’’, $14,000,000, to remain avail-
vestigations and audits of the Railroad Re-
of such Act (20 U.S.C. 7174(b)) with respect to able until expended: Provided, That CNCS
tirement Board and railroad unemployment
such school year (or in an addendum to such may transfer additional funds from the
insurance benefits funded in this Act and
application) how the subgrant funds will be amount provided under the heading ‘‘Cor-
Public Law 116–136: Provided, That such
used to carry out such activities or to pro- poration for National and Community Serv-
amount is designated by the Congress as
vide such in-person care, or both. ice’’ in this Act for grants made under sub-
DESIGNATION.—The being for an emergency requirement pursu-
(c) EMERGENCY title C of title I of the 1990 Act to this appro-
amounts provided by this section are des- ant to section 251(b)(2)(A)(i) of the Balanced
priation upon determination that such trans-
ignated by the Congress as being for an Budget and Emergency Deficit Control Act
fer is necessary to support the activities of
emergency requirement pursuant to section of 1985.
national service participants and after no-
251(b)(2)(A)(i) of the Balanced Budget and tice is transmitted to the Committees on Ap- SOCIAL SECURITY ADMINISTRATION
Emergency Deficit Control Act of 1985. propriations of the House of Representatives LIMITATION ON ADMINISTRATIVE EXPENSES
SEC. 809. The Secretary of Education may and the Senate: Provided further, That the
allow funds appropriated for grants under For an additional amount for ‘‘Limitation
amount appropriated for or transferred to
part B of title I and title VI of the Rehabili- on Administrative Expenses’’, $40,500,000, to
the National Service Trust may be invested
tation Act of 1973 (29 U.S.C. 701 et seq.) for prevent, prepare for, and respond to
under section 145(b) of the 1990 Act without
fiscal year 2020 to be available for obligation coronavirus, domestically or internation-
regard to the requirement to apportion funds
and expenditure during fiscal years 2020 and ally, for necessary expenses to carry out ad-
under 31 U.S.C. 1513(b): Provided further, That
2021: Provided, That the amounts provided by ditional recovery rebates to individuals, as
such amount is designated by the Congress
this section are designated by the Congress described in section 101 of division F of this
as being for an emergency requirement pur-
as being for an emergency requirement pur- Act: Provided, That of the amount made
suant to section 251(b)(2)(A)(i) of the Bal-
suant to section 251(b)(2)(A)(i) of the Bal- available under this heading in this Act,
anced Budget and Emergency Deficit Control
anced Budget and Emergency Deficit Control $2,500,000, to remain available until Sep-
Act of 1985.
Act of 1985. tember 30, 2025, shall be transferred to ‘‘So-
CORPORATION FOR PUBLIC BROADCASTING cial Security Administration—Office of In-
RELATED AGENCIES
For an additional amount for fiscal year spector General’’ for necessary expenses in
CORPORATION FOR NATIONAL AND COMMUNITY 2021 for ‘‘Corporation for Public Broad- carrying out the provisions of the Inspector
SERVICE casting,’’ $175,000,000 to prevent, prepare for, General Act of 1978: Provided further, That
For an additional amount for the ‘‘Cor- and respond to coronavirus, including for fis- such amount is designated by the Congress
poration for National and Community Serv- cal stabilization grants to public tele- as being for an emergency requirement pur-
ice’’ (referred to under this heading as communications entities, as defined by 47 suant to section 251(b)(2)(A)(i) of the Bal-
‘‘CNCS’’), $336,000,000, to prevent, prepare for, U.S.C. 397(12), with no deduction for adminis- anced Budget and Emergency Deficit Control
and respond to coronavirus, including to trative or other costs of the Corporation, to Act of 1985.
carry out the Domestic Volunteer Service maintain programming and services and pre- GENERAL PROVISIONS—THIS TITLE
Act of 1973 (‘‘1973 Act’’) and the National and serve small and rural stations threatened by
Community Service Act of 1990 (‘‘1990 Act’’): declines in non-Federal revenues: Provided, SEC. 810. Notwithstanding any other provi-
Provided, That $228,000,000 of the funds made That such amount is designated by the Con- sion of law, funds made available under each
available in this paragraph may be used to gress as being for an emergency requirement heading in this title shall only be used for
make new and additional awards to new and pursuant to section 251(b)(2)(A)(i) of the Bal- the purposes specifically described under
existing AmeriCorps grantees and may be anced Budget and Emergency Deficit Control that heading.
used to provide adjustments to awards under Act of 1985. SEC. 811. Funds appropriated by this title
subtitle C of title I of the 1990 Act for which may be used by the Secretary of the Depart-
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
the Chief Executive Officer of CNCS deter- ment of Health and Human Services to ap-
mines that a waiver of the Federal share lim- OFFICE OF MUSEUM AND LIBRARY SERVICES: point, without regard to the provisions of
itation is warranted under section 2521.70 of GRANTS AND ADMINISTRATION sections 3309 through 3319 of title 5 of the
title 45 of the Code of Federal Regulations: For an additional amount for ‘‘Institute of United States Code, candidates needed for
Provided further, That of the amount pro- Museum and Library Services’’, $135,000,000 positions to perform critical work relating
vided in this paragraph, $26,000,000 shall be to prevent, prepare for, and respond to to coronavirus for which—
for programs under title I, part A of the 1973 coronavirus, including grants to States, ter- (1) public notice has been given; and
Act: Provided further, That of the amount ritories, tribes, museums, and libraries, to (2) the Secretary has determined that such
provided in this paragraph, $35,000,000 shall expand digital network access, purchase a public health threat exists.
be for programs under title II of the 1973 Act, internet accessible devices, provide technical SEC. 812. Funds made available by this title
and not less than $23,000,000 of these funds support services, and for operational ex- may be used to enter into contracts with in-
shall be available for the program under title penses: Provided, That any matching funds dividuals for the provision of personal serv-
II, part C of the 1973 Act: Provided further, requirements for States, tribes, libraries, ices (as described in section 104 of part 37 of
That of the amounts provided under this and museums are waived for grants provided title 48, Code of Federal Regulations (48 CFR
ctelli on DSK11ZRN23PROD with SENATE
paragraph: (1) up to 1 percent of the funds in with funds made available under this head- 37.104)) to support the prevention of, prepara-
this paragraph may be used to defray the ing in this Act: Provided further, That such tion for, or response to coronavirus, domesti-
costs of conducting grant application re- amount is designated by the Congress as cally and internationally, subject to prior
views, including the use of outside peer re- being for an emergency requirement pursu- notification to the Committees on Appro-
viewers and electronic management of the ant to section 251(b)(2)(A)(i) of the Balanced priations of the House of Representatives
grants cycle; (2) $9,000,000 shall be available Budget and Emergency Deficit Control Act and the Senate: Provided, That such individ-
to provide assistance to State commissions of 1985. uals may not be deemed employees of the
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S6096 CONGRESSIONAL RECORD — SENATE October 19, 2020
United States for the purpose of any law ad- anced Budget and Emergency Deficit Control Revolving Fund’’, $7,000,000, to prevent, pre-
ministered by the Office of Personnel Man- Act of 1985. pare for, and respond to coronavirus, which
agement: Provided further, That the author- CAPITOL POLICE shall be for offsetting losses resulting from
ity made available pursuant to this section SALARIES the coronavirus pandemic of amounts col-
shall expire on September 30, 2024. lected pursuant to section 309 of title 44,
(INCLUDING TRANSFER OF FUNDS)
SEC. 813. Not later than 30 days after the United States Code: Provided, That funds ap-
date of enactment of this Act, the Secretary For an additional amount for ‘‘Salaries’’, propriated under this heading in this Act
of Health and Human Services shall provide $12,000,000, to prevent, prepare for, and re- may be made available to restore amounts,
a detailed spend plan of anticipated uses of spond to coronavirus: Provided, That either directly or through reimbursement,
funds made available to the Department of amounts provided under this heading in this for obligations incurred to prevent, prepare
Act may be transferred between Capitol Po- for, and respond to coronavirus, domestically
Health and Human Services in this Act, in-
lice ‘‘Salaries’’ and ‘‘General Expenses’’ for or internationally, prior to the date of enact-
cluding estimated personnel and administra-
the purposes provided herein without the ap- ment of this Act: Provided further, That such
tive costs, to the Committees on Appropria-
proval requirement of section 1001 of the
tions of the House of Representatives and amount is designated by the Congress as
Legislative Branch Appropriations Act, 2014
the Senate: Provided, That such plans shall being for an emergency requirement pursu-
(2 U.S.C. 1907a); Provided further, That such
be updated and submitted to such Commit- ant to section 251(b)(2)(A)(i) of the Balanced
amount is designated by the Congress as
tees every 60 days until September 30, 2024: Budget and Emergency Deficit Control Act
being for an emergency requirement pursu-
Provided further, That the spend plans shall of 1985.
ant to section 251(b)(2)(A)(i) of the Balanced
be accompanied by a listing of each contract Budget and Emergency Deficit Control Act GOVERNMENT ACCOUNTABILITY OFFICE
obligation incurred that exceeds $5,000,000 of 1985. SALARIES AND EXPENSES
which has not previously been reported, in- For an additional amount for ‘‘Salaries
CONGRESSIONAL BUDGET OFFICE
cluding the amount of each such obligation. and Expenses’’, $88,500,000, to remain avail-
SEC. 814. Of the funds appropriated by this SALARIES AND EXPENSES
able until expended, to prevent, prepare for,
title under the heading ‘‘Public Health and For an additional amount for ‘‘Salaries
and respond to coronavirus, which shall be
Social Services Emergency Fund’’, $25,000,000 and Expenses’’, $1,200,000, to prevent, prepare
for, and respond to coronavirus: Provided, for audits and investigations and for reim-
shall be transferred to, and merged with, bursement of the Tiny Findings Child Devel-
funds made available under the heading ‘‘Of- That such amount is designated by the Con-
gress as being for an emergency requirement opment Center for salaries for employees, as
fice of the Secretary, Office of Inspector authorized by this title: Provided, That not
General’’, and shall remain available until pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control later than 90 days after the date of enact-
expended, for oversight of activities sup- ment of this Act, the Government Account-
ported with funds appropriated to the De- Act of 1985.
ability Office shall submit to the Commit-
partment of Health and Human Services in ARCHITECT OF THE CAPITOL
tees on Appropriations of the House of Rep-
this Act: Provided, That the Inspector Gen- CAPITAL CONSTRUCTION AND OPERATIONS resentatives and the Senate a spend plan
eral of the Department of Health and Human For an additional amount for ‘‘Capital specifying funding estimates and a timeline
Services shall consult with the Committees Construction and Operations’’, $150,000,000, to for such audits and investigations: Provided
on Appropriations of the House of Represent- remain available until expended, to supple- further, That such amount is designated by
atives and the Senate prior to obligating ment the funding made available to the Ar- the Congress as being for an emergency re-
such funds: Provided further, That the trans- chitect for the purposes described in title IX quirement pursuant to section 251(b)(2)(A)(i)
fer authority provided by this section is in of division B of the CARES Act (Public Law of the Balanced Budget and Emergency Def-
addition to any other transfer authority pro- 116–136): Provided, That this additional icit Control Act of 1985.
vided by law. amount also may be used for the purchase GENERAL PROVISIONS—THIS TITLE
TITLE IX and distribution of supplies to respond to
SOURCE OF FUNDS USED FOR PAYMENT OF SALA-
coronavirus including, but not limited to,
LEGISLATIVE BRANCH RIES AND EXPENSES OF SENATE EMPLOYEE
cleaning and sanitation supplies, masks and/
SENATE CHILD CARE CENTER
or face coverings to Congressional offices,
CONTINGENT EXPENSES OF THE SENATE committees, and visitors, including provi- SEC. 901. The Secretary of the Senate shall
SERGEANT AT ARMS AND DOORKEEPER OF THE sions for travel and other necessary work reimburse the Senate Employee Child Care
SENATE carried out by staff in their Congressional Center for personnel costs incurred until
Districts and State Offices, wherever lo- September 30, 2021, for employees of such
For an additional amount for ‘‘Sergeant at Center who have been ordered to cease work-
cated: Provided further, That such amount is
Arms and Doorkeeper of the Senate’’, ing due to measures taken in the Capitol
designated by the Congress as being for an
$6,345,000, to remain available until ex- complex to combat coronavirus, from
emergency requirement pursuant to section
pended, to prevent, prepare for, and respond amounts in the appropriations account ‘‘Mis-
251(b)(2)(A)(i) of the Balanced Budget and
to coronavirus, which shall be allocated in cellaneous Items’’ within the contingent
Emergency Deficit Control Act of 1985.
accordance with a spend plan submitted to fund of the Senate.
the Committee on Appropriations of the Sen- LIBRARY OF CONGRESS
SEC. 902. Funds appropriated to the Archi-
ate: Provided, That such amount is des- SALARIES AND EXPENSES tect of the Capitol in this Act also may be
ignated by the Congress as being for an (INCLUDING TRANSFER OF FUNDS) used to restore amounts, either directly or
emergency requirement pursuant to section For an additional amount for ‘‘Salaries through reimbursement, for obligations in-
251(b)(2)(A)(i) of the Balanced Budget and and Expenses’’, $12,000,000, to prevent, pre- curred by the Architect to prevent, prepare
Emergency Deficit Control Act of 1985. pare for, and respond to coronavirus, includ- for, and respond to Coronavirus Disease 2019
HOUSE OF REPRESENTATIVES ing to offset losses resulting from the (COVID–19) prior to the date of enactment of
ALLOWANCES AND EXPENSES coronavirus pandemic of amounts collected this Act. Funds used to restore amounts to
pursuant to the Act of June 28, 1902 (chapter other Architect of the Capitol accounts shall
For an additional amount for ‘‘Allowances 1301; 32 Stat. 480; 2 U.S.C. 150), for revolving assume the original period of availability of
and Expenses’’, $37,000,000, to remain avail- fund activities pursuant to sections 182 and such accounts.
able until expended, for necessary expenses 182a through 182e of title 2, United States AUTHORITY OF ARCHITECT OF THE CAPITOL TO
for Business Continuity and Disaster Recov- Code, sections 708(d) and 1316 of title 17, MAKE EXPENDITURES IN RESPONSE TO EMER-
ery, to prevent, prepare for, and respond to United States Code, and sections 111(d)(2), GENCIES
coronavirus, to be allocated in accordance 119(b)(3), 803(e), and 1005 of such title, and for
with a spend plan submitted to the Com- SEC. 903. (a) COVERAGE OF COMMUTING
reimbursement of the Little Scholars Child EXPENSES.—Section 1305(a)(2) of the Legis-
mittee on Appropriations of the House of Development Center for salaries for employ-
Representatives by the Chief Administrative lative Branch Appropriations Act, 2010 (2
ees, as authorized by this title: Provided, U.S.C. 1827(a)(2)) is amended by inserting
Officer and approved by such Committee: That the Library of Congress may transfer
Provided, That such amount is designated by after ‘‘refreshments’’, the following: ‘‘trans-
amounts appropriated under this heading in portation and other related expenses in-
the Congress as being for an emergency re- this Act to other applicable appropriations
quirement pursuant to section 251(b)(2)(A)(i) curred by employees in commuting between
of the Library of Congress to prevent, pre-
of the Balanced Budget and Emergency Def- their residence and their place of employ-
pare for, and respond to coronavirus: Pro-
icit Control Act of 1985. ment’’.
vided further, That such amount is des- (b) AUTHORITY TO PROVIDE SUPPLIES
JOINT ITEMS ignated by the Congress as being for an AND SERVICES THROUGHOUT FACILI-
OFFICE OF THE ATTENDING PHYSICIAN emergency requirement pursuant to section TIES AND GROUNDS UNDER THE ARCHI-
251(b)(2)(A)(i) of the Balanced Budget and
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For an additional amount for ‘‘Office of the TECT OF THE CAPITOL’S CARE.—Section
Attending Physician’’, $600,000, to remain Emergency Deficit Control Act of 1985. 1305 of the Legislative Branch Appropria-
available until expended, to prevent, prepare GOVERNMENT PUBLISHING OFFICE tions Act, 2010 (2 U.S.C. 1827) is further
for, and respond to coronavirus: Provided, GOVERNMENT PUBLISHING OFFICE BUSINESS amended by inserting after subsection (a)(2),
That such amount is designated by the Con- OPERATIONS REVOLVING FUND the following: ‘‘(3) May accept contributions
gress as being for an emergency requirement For an additional amount for ‘‘Govern- of, and incur obligations and make expendi-
pursuant to section 251(b)(2)(A)(i) of the Bal- ment Publishing Office Business Operations tures for, supplies, products, services, and
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6097
operational costs necessary to respond to the and Emergency Deficit Control Act of 1985 under the heading ‘‘Department of Veterans
emergency, which may be provided through- are designated by the Congress as an emer- Affairs—Departmental Administration—
out all facilities and grounds under the care gency requirement pursuant to section Grants for Construction of State Extended
of the Architect of the Capitol wherever lo- 251(b)(2)(A)(i) of the Balanced Budget and Care Facilities’’ by striking ‘‘including to
cated, on a reimbursable or non-reimburs- Emergency Deficit Control Act of 1985: Pro- modify or alter existing hospital, nursing
able basis subject to the availability of vided further, That such amount is des- home, and domiciliary facilities in State
funds.’’. ignated by the Congress as being for an homes: Provided,’’ and inserting in lieu there-
(c) EFFECTIVE DATE.—The amendment emergency requirement pursuant to section of the following: ‘‘which shall be for modi-
made by subsections (a) and (b) shall apply 251(b)(2)(A)(i) of the Balanced Budget and fying or altering existing hospital, nursing
with respect to fiscal year 2020 and each suc- Emergency Deficit Control Act of 1985. home, and domiciliary facilities in State
ceeding fiscal year. NATIONAL CEMETERY ADMINISTRATION homes: Provided, That the Secretary shall
SEC. 904. Notwithstanding the provisions of conduct a new competition or competitions
For an additional amount for ‘‘National to award grants to States using funds pro-
section 6304(c) of title 5, United States Code,
Cemetery Administration’’, $26,000,000, to vided under this heading in this Act: Pro-
any annual leave accumulated by an em-
prevent, prepare for, and respond to vided further, That such grants may be made
ployee of the Government Publishing Office
coronavirus: Provided, That such amount is to reimburse States for the costs of modi-
in excess of the limits prescribed in section
designated by the Congress as being for an fications or alterations that have been initi-
6304(a) of title 5, United States Code, remains
emergency requirement pursuant to section ated or completed before an application for a
to the credit of the employee until December
251(b)(2)(A)(i) of the Balanced Budget and grant under this section is approved by the
31, 2021.
Emergency Deficit Control Act of 1985. Secretary: Provided further, That the use of
TITLE X DEPARTMENTAL ADMINISTRATION funds provided under this heading in this Act
MILITARY CONSTRUCTION, VETERANS BOARD OF VETERANS APPEALS shall not be subject to state matching fund
AFFAIRS, AND RELATED AGENCIES requirement, application requirements, cost
For an additional amount for ‘‘Board of
DEPARTMENT OF VETERANS AFFAIRS thresholds, the priority list, deadlines, award
Veterans Appeals’’, $4,000,000, to prevent,
VETERANS BENEFITS ADMINISTRATION dates under sections 8134 and 8135 of title 38,
prepare for, and respond to coronavirus: Pro-
United States Code, and part 59 of chapter I
GENERAL OPERATING EXPENSES, VETERANS vided, That such amount is designated by the
of title 38, Code of Federal Regulations, and
BENEFITS ADMINISTRATION Congress as being for an emergency require-
shall not be subject to requirements of sec-
For an additional amount for ‘‘General Op- ment pursuant to section 251(b)(2)(A)(i) of
tion 501(d) of title 38, United States Code:
erating Expenses, Veterans Benefits Admin- the Balanced Budget and Emergency Deficit
Provided further, That the Secretary may es-
istration’’, $338,000,000, to prevent, prepare Control Act of 1985.
tablish and adjust rolling deadlines for appli-
for, and respond to coronavirus, including INFORMATION TECHNOLOGY SYSTEMS cations for such grants and may issue mul-
the elimination of backlogs that may have For an additional amount for ‘‘Information tiple rounds of application periods for the
occurred: Provided, That amounts provided Technology Systems’’, $45,000,000, to remain award of such grants under this section: Pro-
under this heading in this Act made avail- available until September 30, 2021, to pre- vided further,’’: Provided, That amounts
able for the elimination of backlogs may not vent, prepare for, and respond to repurposed pursuant to this section that
be used to increase the number of permanent coronavirus: Provided, That amounts pro- were previously designated by the Congress
positions: Provided further, That of the vided under this heading shall be to improve as an emergency requirement pursuant to
amounts provided under this heading, up to the Veteran Benefits Administration’s edu- the Balanced Budget and Emergency Deficit
$198,000,000 shall be to improve the Veteran cation systems, including implementation of Control Act of 1985 are designated by the
Benefits Administration’s education sys- changes to chapters 30 through 36 of part III Congress as an emergency requirement pur-
tems, including implementation of changes of title 38, United States Code in the Harry suant to section 251(b)(2)(A)(i) of the Bal-
to chapters 30 through 36 of part III of title W. Colmery Veterans Educational Assistance anced Budget and Emergency Deficit Control
38, United States Code in the Harry W. Act of 2017 (Public Law 115–48), in a bill to Act of 1985.
Colmery Veterans Educational Assistance authorize the Secretary of Veterans Affairs SEC. 1002. Of the unobligated balances
Act of 2017 (Public Law 115–48), in a bill to to treat certain programs of education con- available to the Department of Veterans Af-
authorize the Secretary of Veterans Affairs verted to distance learning by reason of fairs from title X of division B of the
to treat certain programs of education con- emergencies and health-related situations in Coronavirus Aid, Relief, and Economic Secu-
verted to distance learning by reason of the same manner as programs of education rity Act (Public Law 116–136) for ‘‘Veterans
emergencies and health-related situations in pursued at educational institutions, and for Health Administration, Medical Services’’,
the same manner as programs of education other purposes (Public Law 116–128), and in up to $100,000,000 may be transferred to ‘‘De-
pursued at educational institutions, and for the Student Veteran Coronavirus Response partmental Administration, Information
other purposes (Public Law 116–128), and in Act of 2020 (Public Law 116–140): Provided fur- Technology Systems’’ to prevent, prepare
the Student Veteran Coronavirus Response ther, That such amount is designated by the for, and respond to coronavirus, domestically
Act of 2020 (Public Law 116–140): Provided fur- Congress as being for an emergency require- or internationally, for improvements to sup-
ther, That such amount is designated by the ment pursuant to section 251(b)(2)(A)(i) of ply chain systems including the Defense
Congress as being for an emergency require- the Balanced Budget and Emergency Deficit Medical Logistics Standard Support system:
ment pursuant to section 251(b)(2)(A)(i) of Control Act of 1985. Provided, That not more than $50,000,000 may
the Balanced Budget and Emergency Deficit be transferred to development subaccount
RELATED AGENCIES
Control Act of 1985. for the Supply Chain Management project:
DEPARTMENT OF DEFENSE—CIVIL Provided further, That the transferred funds
VETERANS HEALTH ADMINISTRATION
CEMETERIAL EXPENSES, ARMY shall be in addition to any other funds made
MEDICAL COMMUNITY CARE available for this purpose: Provided further,
SALARIES AND EXPENSES
For an additional amount for ‘‘Medical That the amounts transferred in this section
Community Care’’, $100,000,000, for a one- For an additional amount for ‘‘Salaries
that were previously designated by the Con-
time emergency payment to existing State and Expenses’’, $2,000,000, to prevent, prepare
gress as an emergency requirement pursuant
Extended Care Facilities for Veterans, to for, and respond to coronavirus: Provided,
to the Balanced Budget and Emergency Def-
prevent, prepare for, and respond to That such amount is designated by the Con-
icit Control Act of 1985 are designated by the
coronavirus: Provided, That such payments gress as being for an emergency requirement
Congress as an emergency requirement pur-
shall be in proportion to each State’s share pursuant to section 251(b)(2)(A)(i) of the Bal-
suant to section 251(b)(2)(A)(i) of the Bal-
of the total resident capacity in such facili- anced Budget and Emergency Deficit Control
anced Budget and Emergency Deficit Control
ties as of January 4, 2020 where such capacity Act of 1985.
Act of 1985.
includes only veterans on whose behalf the AMERICAN BATTLE MONUMENTS COMMISSION
TITLE XI
Department pays a per diem amount pursu- SALARIES AND EXPENSES DEPARTMENT OF STATE, FOREIGN
ant to 38 United States Code 1741 or 1745: Pro- For an additional amount for the ‘‘Salaries OPERATIONS, AND RELATED PROGRAMS
vided further, That amounts made available and Expenses’’, $2,000,000, to prevent, prepare DEPARTMENT OF STATE
to ‘‘Veterans Health Administration—Med- for, and respond to coronavirus: Provided,
ical Services’’ in division B of Public Law ADMINISTRATION OF FOREIGN AFFAIRS
That such amount is designated by the Con-
116–136, may be transferred to and merged DIPLOMATIC PROGRAMS
gress as being for an emergency requirement
with the Medical Community Care account pursuant to section 251(b)(2)(A)(i) of the Bal- For an additional amount for ‘‘Diplomatic
to be used for the purposes provided under anced Budget and Emergency Deficit Control Programs’’, $500,000,000, for necessary ex-
ctelli on DSK11ZRN23PROD with SENATE
this heading in this Act, and shall be in addi- Act of 1985. penses to prevent, prepare for, and respond
tional to any other amounts available for to coronavirus, including for evacuation ex-
GENERAL PROVISIONS—THIS TITLE
such purposes: Provided further, That penses, emergency preparedness, maintain-
amounts transferred pursuant to the pre- (INCLUDING TRANSFER OF FUNDS) ing consular operations, and other oper-
ceding proviso that were previously des- SEC. 1001. Title X of division B of the ations and maintenance requirements re-
ignated by the Congress as an emergency re- Coronavirus Aid, Relief, and Economic Secu- lated to the consequences of coronavirus, do-
quirement pursuant to the Balanced Budget rity Act (Public Law 116–136) is amended mestically or internationally, of which
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S6098 CONGRESSIONAL RECORD — SENATE October 19, 2020
$425,000,000 shall be for Consular and Border the Congress as being for an emergency re- prepare for, and respond to coronavirus, in-
Security Programs, to remain available quirement pursuant to section 251(b)(2)(A)(i) cluding to address related economic and sta-
until expended, for offsetting losses resulting of the Balanced Budget and Emergency Def- bilization requirements: Provided, That funds
from the coronavirus pandemic of fees col- icit Control Act of 1985. made available under this heading in this
lected and deposited into such account pur- For an additional amount for ‘‘Global title shall be allocated and allotted within 60
suant to section 7081 of Public Law 115–31: Health Programs’’, $4,535,925,000, for nec- days of the enactment of this Act: Provided
Provided, That such amount is designated by essary expenses to prevent, prepare for, and further, That such amount is designated by
the Congress as being for an emergency re- respond to coronavirus: Provided, That such the Congress as being for an emergency re-
quirement pursuant to section 251(b)(2)(A)(i) funds shall be administered by the United quirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Def- States Global AIDS Coordinator: Provided of the Balanced Budget and Emergency Def-
icit Control Act of 1985. further, That not less than $3,500,000,000 shall icit Control Act of 1985.
OFFICE OF INSPECTOR GENERAL be made available as a United States con- MULTILATERAL ASSISTANCE
For an additional amount for ‘‘Office of In- tribution to the Global Fund to Fight AIDS, FUNDS APPROPRIATED TO THE PRESIDENT
spector General’’, $4,400,000, for oversight of Tuberculosis and Malaria (Global Fund): Pro- INTERNATIONAL ORGANIZATIONS AND PROGRAMS
activities conducted by the Department of vided further, That funds made available to
For an additional amount for ‘‘Inter-
State and made available to prevent, prepare the Global Fund pursuant to the previous
national Organizations and Programs’’,
for, and respond to coronavirus by this title proviso shall be made available notwith-
$935,250,000, to remain available until Sep-
and by prior acts: Provided, That such standing section 202(d)(4)(A)(i) of the United
tember 30, 2022, for necessary expenses to
amount is designated by the Congress as States Leadership Against HIV/AIDS, Tuber-
prevent, prepare for, and respond to
being for an emergency requirement pursu- culosis, and Malaria Act of 2003 (22 U.S.C.
coronavirus and to support the United Na-
ant to section 251(b)(2)(A)(i) of the Balanced 7622(d)(4)(A)(i)): Provided further, That funds
tions Global Humanitarian Response Plan
Budget and Emergency Deficit Control Act appropriated under this heading for fiscal
COVID–19, of which not less than $750,000,000
of 1985. years 2020 and 2021 which are designated as shall be for the World Food Programme, and
being for an emergency requirement pursu- not less than $185,250,000 shall be for the
UNITED STATES AGENCY FOR ant to section 251(b)(2)(A)(i) of the Balanced
INTERNATIONAL DEVELOPMENT United Nations Children’s Fund: Provided,
Budget and Emergency Deficit Control Act That funds made available under this head-
FUNDS APPROPRIATED TO THE PRESIDENT of 1985 and made available as a United States ing in this title shall be allocated and allot-
OPERATING EXPENSES contribution to the Global Fund shall not be ted within 60 days of the date of enactment
For an additional amount for ‘‘Operating considered a contribution for the purpose of of this Act: Provided further, That such
Expenses’’, $50,000,000, to prevent, prepare applying section 202(d)(4)(A)(i): Provided fur- amount is designated by the Congress as
for, and respond to coronavirus and for other ther, That funds appropriated by this para- being for an emergency requirement pursu-
operations and maintenance requirements graph in this title shall be allocated and al- ant to section 251(b)(2)(A)(i) of the Balanced
related to the consequences of coronavirus: lotted within 60 days of the date of enact- Budget and Emergency Deficit Control Act
Provided, That such amount is designated by ment of this Act: Provided further, That such of 1985.
the Congress as being for an emergency re- amount is designated by the Congress as
GENERAL PROVISIONS—THIS TITLE
quirement pursuant to section 251(b)(2)(A)(i) being for an emergency requirement pursu-
ant to section 251(b)(2)(A)(i) of the Balanced (INCLUDING TRANSFER OF FUNDS)
of the Balanced Budget and Emergency Def-
icit Control Act of 1985. Budget and Emergency Deficit Control Act SEC. 1101. The authorities and limitations
of 1985. of section 402 of the Coronavirus Prepared-
OFFICE OF INSPECTOR GENERAL
DEVELOPMENT ASSISTANCE
ness and Response Supplemental Appropria-
For an additional amount for ‘‘Office of In- tions Act (division A of Public Law 116–123)
spector General’’, $3,500,000, for oversight of For an additional amount for ‘‘Develop-
shall apply to funds appropriated by this
activities conducted by the United States ment Assistance’’, $250,000,000, for necessary
title as follows:
Agency for International Development and expenses to prevent, prepare for, and respond
(1) Subsections (a), (d), (e), and (f) shall
made available to prevent, prepare for, and to coronavirus, including to address related
apply to funds under the heading ‘‘Diplo-
respond to coronavirus by this title and by economic, and stabilization requirements, of
matic Programs’’; and
prior acts: Provided, That such amount is which not less than $150,000,000 shall be made
(2) Subsections (c), (d), (e), and (f) shall
designated by the Congress as being for an available to maintain access to basic edu-
apply to funds under the heading ‘‘Global
emergency requirement pursuant to section cation and not less than $45,000,000 shall be
Health Programs’’, and ‘‘Development As-
251(b)(2)(A)(i) of the Balanced Budget and to maintain access to not-for-profit institu-
sistance’’.
Emergency Deficit Control Act of 1985 tions of higher education for costs related to SEC. 1102. Funds appropriated by this title
BILATERAL ECONOMIC ASSISTANCE the consequences of coronavirus: Provided, under the headings ‘‘Diplomatic Programs’’,
That such institutions of higher education ‘‘Operating Expenses’’, ‘‘Global Health Pro-
FUNDS APPROPRIATED TO THE PRESIDENT
shall meet standards equivalent to those re- grams’’, and ‘‘Development Assistance’’ may
GLOBAL HEALTH PROGRAMS quired for United States institutional ac- be used to reimburse such accounts adminis-
For an additional amount for ‘‘Global creditation by a regional accreditation agen- tered by the Department of State and the
Health Programs’’, $3,690,925,000, for nec- cy recognized by the United States Depart- United States Agency for International De-
essary expenses to prevent, prepare for, and ment of Education: Provided further, That velopment, for obligations incurred to pre-
respond to coronavirus: Provided, That such funds made available under this heading in vent, prepare for, and respond to coronavirus
funds shall be administered by the Adminis- this title shall be allocated and allotted prior to the date of enactment of this Act.
trator of the United States Agency for Inter- within 60 days of the date of enactment of SEC. 1103. The reporting requirements of
national Development: Provided further, That this Act: Provided further, That such amount section 406(b) of the Coronavirus Prepared-
of the funds appropriated under this heading is designated by the Congress as being for an ness and Response Supplemental Appropria-
in this title, not less than $150,000,000 shall emergency requirement pursuant to section tions Act, 2020 (division A of Public Law 116–
be transferred to, and merged with, funds 251(b)(2)(A)(i) of the Balanced Budget and 123) shall apply to funds appropriated by this
made available for the Emergency Reserve Emergency Deficit Control Act of 1985. title.
Fund established pursuant to section INDEPENDENT AGENCIES SEC. 1104. Section 404 of the Coronavirus
7058(c)(1) of the Department of State, For- INTER-AMERICAN FOUNDATION Preparedness and Response Supplemental
eign Operations, and Related Programs Ap- Appropriations Act (division A of Public Law
propriations Act, 2017 (division J of Public For an additional amount for ‘‘Inter-Amer-
ican Foundation’’, $15,000,000, for necessary 116–123) shall apply to funds appropriated by
Law 115–31): Provided further, That funds this title under the same headings as speci-
made available pursuant to the preceding expenses to prevent, prepare for, and respond
to coronavirus, including to address related fied by such section.
proviso shall be made available under the SEC. 1105. Notwithstanding the limitations
terms and conditions of such section, as economic and stabilization requirements:
in sections 609(i) and 609(j) of the Millennium
amended: Provided further, That funds appro- Provided, That funds made available under
Challenge Act of 2003 (2211 U.S.C. 7708(j),
priated by this paragraph in this title shall this heading in this title shall be allocated
7715), the Millennium Challenge Corporation
be made available for a contribution to a and allotted within 60 days of the enactment
may, subject to the availability of funds, ex-
multilateral vaccine development partner- of this Act: Provided further, That such
tend any compact in effect as of January 29,
ship to support epidemic preparedness: Pro- amount is designated by the Congress as
2020, for up to one additional year, to ac-
vided further, That of the funds appropriated being for an emergency requirement pursu-
count for delays related to coronavirus: Pro-
by this paragraph in this title, not less than ant to section 251(b)(2)(A)(i) of the Balanced
vided, That the Corporation shall notify the
ctelli on DSK11ZRN23PROD with SENATE
$3,500,000,000 shall be made available for a Budget and Emergency Deficit Control Act
Committees on Appropriations and Foreign
United States Contribution to The GAVI Al- of 1985.
Relations of the Senate and the Committees
liance: Provided further, That funds appro- UNITED STATES AFRICAN DEVELOPMENT on Appropriations and Foreign Affairs of the
priated by this paragraph in this title shall FOUNDATION House of Representatives prior to providing
be allocated and allotted within 60 days of For an additional amount for ‘‘United any such extension.
the date of enactment of this Act: Provided States African Development Foundation’’, SEC. 1106. The Secretary of State and the
further, That such amount is designated by $15,000,000, for necessary expenses to prevent, heads of other Federal agencies may rely
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6099
upon the authority of section 5924 of title 5, GRANTS-IN-AID FOR AIRPORTS XII of division B of the CARES Act (Public
United States Code, without regard to the For an additional amount for ‘‘Grants-In- Law 116-136) is amended by striking ‘‘to re-
foreign area limitations referenced therein, Aid for Airports’’, $13,500,000,000, to prevent, main available until expended’’ and inserting
to make payments for education allowances prepare for, and respond to coronavirus, to ‘‘to remain available until September 30,
to employees who are in the United States remain available until September 30, 2026: 2025’’: Provided further, That amounts made
on ordered or authorized departure, or for Provided, That amounts made available available under this heading in title XII of
whom travel to a post in a foreign area has under this heading in this Act shall be de- division B of the CARES Act (Public Law
been delayed, to prevent, prepare for, or re- rived from the general fund of the Treasury: 116-136) shall not be subject to the limitation
spond to coronavirus: Provided, That the au- Provided further, That funds provided under on obligations in any act making appropria-
thority under this section shall expire on De- this heading in this Act shall only be avail- tions: Provided further, That any funds under
cember 31, 2024. able to sponsors of airports in categories de- the previous proviso designated as airport
SEC. 1107. The Secretary of State and the grants that are unobligated, recovered by or
fined in section 47102 of title 49, United
heads of other Federal agencies whose em- returned to the Federal Aviation Adminis-
States Code: Provided further, That the re-
ployees are authorized to receive payments tration (FAA) within 5 years from the date
quirements of chapter 471 of such title, ex-
of monetary amounts and other allowances of enactment of the CARES Act (Public Law
cept for project eligibility, shall apply to
under section 5523 of title 5, United States 116-36) shall be pooled and redistributed as
funds provided for any contract awarded
Code, may rely upon the authority of that described in paragraph (2) under this heading
(after the date of enactment of this Act) for
section, without regard to the time limita- in this Act: Provided further, That the FAA
tions referenced therein, to continue such airport development and funded under this
may redistribute funds under the previous
payments in connection with authorized or heading: Provided further, That funds pro-
proviso on more than one occasion: Provided
ordered departures from foreign areas, to vided under this heading in this Act may not
further, That any airport that had been allo-
prevent, prepare for, and respond to be used for any purpose not directly related
cated more than four times annual operating
coronavirus: Provided, That the authority to the airport: Provided further, That of the
expenses under this heading in title XII of di-
under this section shall be available to con- amounts appropriated under this heading in
vision B of the CARES Act (Public Law 116-
tinue such payments for the period begin- this Act—
136) shall not be eligible for funds allocated
ning on July 21, 2020, through September 30, (1) Not less than $500,000,000 shall be to pay
or redistributed under this Act: Provided fur-
2022, when such authority shall expire. the local share of eligible costs for which a
ther, That the Administrator of the FAA
grant is made under this heading under the
TITLE XII may retain up to 0.1 percent of the funds pro-
Department of Transportation Appropria-
TRANSPORTATION, HOUSING AND vided under this heading in this Act to fund
tions Act, 2021: Provided, That any remaining
URBAN DEVELOPMENT, AND RELATED the award and oversight by the Adminis-
funds after the apportionment under this
AGENCIES trator of grants made under this heading in
paragraph (1) shall be distributed as de-
DEPARTMENT OF TRANSPORTATION this Act: Provided further, That obligations of
scribed in paragraph (2) under this heading
OFFICE OF THE SECRETARY funds under this heading in this Act shall
in this Act:
not be subject to any limitations on obliga-
SALARIES AND EXPENSES (2) Not less than $12,500,000,000 shall be
tions provided in any Act making appropria-
For an additional amount for ‘‘Salaries available for any purpose for which airport
tions: Provided further, That all airport spon-
and Expenses’’, $20,000,000, to remain avail- revenues may lawfully be used: Provided,
sors receiving funds under this heading in
able until expended, to prevent, prepare for, That such funds shall be allocated among eli-
this Act shall continue to employ, through
and respond to coronavirus, including nec- gible primary airports (as defined in section
September 30, 2021, at least 90 percent of the
essary expenses for operating costs and cap- 47102(16) of title 49 United States Code) based
number of individuals employed (after mak-
ital outlays: Provided, That such amounts on each airport’s calendar year 2019
ing adjustments for retirements or voluntary
are in addition to any other amounts made enplanements as a percentage of total 2019
employee separations) by each airport as of
available for this purpose: Provided further, enplanements for all eligible primary service
March 27, 2020: Provided further, That the
That obligations of amounts under this head- airports: Provided further, That sponsors pro-
Secretary may waive the workforce reten-
ing in this Act shall not be subject to the vide relief equaling at least 25 percent of the
tion requirement in the previous proviso, if
limitation on obligations under the heading amount allocated to an airport under this
the Secretary determines the airport is expe-
‘‘Office of the Secretary—Working Capital paragraph to on-airport car rental, on-air-
riencing economic hardship as a direct result
Fund’’ in division H of the Further Consoli- port parking, and in-terminal airport conces-
of the requirement, or the requirement re-
dated Appropriations Act, 2020 (Public Law sions (as defined in part 23 of title 49, Code of
duces aviation safety or security: Provided
116–94): Provided further, That such amount is Federal Regulations) in the form of waiving
further, That the workforce retention re-
designated by the Congress as being for an rent, minimum annual guarantees, lease ob-
quirement shall not apply to nonhub airports
emergency requirement pursuant to section ligations, fees, or penalties, or, at the re-
or nonprimary airports receiving funds under
251(b)(2)(A)(i) of the Balanced Budget and quest of the owner of an in-terminal conces-
this heading in this Act: Provided further,
Emergency Deficit Control Act of 1985. sion, to provide for a buyout of such conces-
That amounts repurposed by the provisions
ESSENTIAL AIR SERVICE
sion: Provided further, That the sponsor shall
under this heading in this Act that were pre-
give the highest priority to an owner who
In addition to funds provided to the ‘‘Pay- viously designated by the Congress as an
qualifies as an small businesses with max-
ments to Air Carriers’’ program in Public emergency requirement pursuant to the Bal-
imum gross receipts less than $56 million:
Law 116–94 to carry out the essential air anced Budget and Emergency Deficit Control
Provided further, That the Federal share pay-
service program under section 41731 through Act of 1985 are designated by the Congress as
able of the costs for which a grant is made
41742 of title 49, United States Code, an emergency requirement pursuant to sec-
under this paragraph shall be 100 percent;
$75,000,000, to be derived from the general tion 251(b)(2)(A)(i) of the Balanced Budget
and
fund of the Treasury, and to be made avail- and Emergency Deficit Control Act of 1985:
(3) Up to $200,000,000 shall be available for
able to the Essential Air Service and Rural Provided further, That such amount is des-
general aviation airports and commercial
Improvement Fund, to prevent, prepare for, ignated by the Congress as being for an
service airports that are not primary air-
and respond to coronavirus: Provided, That emergency requirement pursuant to section
ports for any purpose for which airport reve-
such amount is designated by the Congress 251(b)(2)(A)(i) of the Balanced Budget and
nues may lawfully be used, and, which the
as being for an emergency requirement pur- Emergency Deficit Control Act of 1985.
Secretary shall apportion directly to each el-
suant to section 251(b)(2)(A)(i) of the Bal- FEDERAL MOTOR CARRIER SAFETY
igible airport, as defined in paragraphs (7),
anced Budget and Emergency Deficit Control ADMINISTRATION
(8), and (16) of section 47102 of title 49, United
Act of 1985. MOTOR CARRIER SAFETY OPERATIONS AND
States Code, based on the categories pub-
FEDERAL AVIATION ADMINISTRATION lished in the most current National Plan of PROGRAMS
OPERATIONS Integrated Airport Systems, reflecting the Of prior year unobligated contract author-
For an additional amount for ‘‘Oper- percentage of the aggregate published eligi- ity and liquidating cash provided for Motor
ations’’, $50,000,000, to be derived from the ble development costs for each such cat- Carrier Safety in the Transportation Equity
general fund, for necessary expenses to pro- egory, and then dividing the allocated funds Act for the 21st Century (Public Law 105–178),
vide Federal Aviation Administration (FAA) evenly among the eligible airports in each SAFETEA–LU (Public Law 109–59), or other
employees with masks or protective face category, rounding up to the nearest thou- appropriations or authorization acts, in addi-
coverings, gloves, and sanitizer and wipes sand dollars: Provided, That the Federal tion to amounts already appropriated in fis-
with sufficient alcohol content and to ensure share payable of the costs for which a grant cal year 2020 for ‘‘Motor Carrier Safety Oper-
FAA facilities are cleaned, disinfected, and is made under this paragraph shall be 100 ations and Programs’’, $238,500 in additional
ctelli on DSK11ZRN23PROD with SENATE
sanitized in accordance with Centers for Dis- percent: Provided further, That any remain- obligation limitation is provided and
ease Control and Prevention guidance: Pro- ing funds after the apportionment under this repurposed for obligations incurred to sup-
vided further, That such amount is des- paragraph (3) shall be distributed as de- port activities to prevent, prepare for, and
ignated by the Congress as being for an scribed in paragraph (2) under this heading respond to coronavirus: Provided, That such
emergency requirement pursuant to section in this Act: amount is designated by the Congress as
251(b)(2)(A)(i) of the Balanced Budget and Provided further, That the matter preceding being for an emergency requirement pursu-
Emergency Deficit Control Act of 1985. the first proviso under this heading in title ant to section 251(b)(2)(A)(i) of the Balanced
VerDate Sep 11 2014 06:25 Oct 20, 2020 Jkt 019060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\A19OC6.003 S19OCPT1
S6100 CONGRESSIONAL RECORD — SENATE October 19, 2020
Budget and Emergency Deficit Control Act NATIONAL NETWORK GRANTS TO THE NATIONAL amounts allocated to each such urbanized
of 1985. RAILROAD PASSENGER CORPORATION area from funds appropriated under this
(INCLUDING TRANSFER OF FUNDS) heading in title XIII of division B of the
FEDERAL RAILROAD ADMINISTRATION CARES Act (Public Law 116–136) may not ex-
For an additional amount for ‘‘National
NORTHEAST CORRIDOR GRANTS TO THE ceed more than 100 percent of any recipient’s
Network Grants to the National Railroad
NATIONAL RAILROAD PASSENGER CORPORATION 2018 operating costs based on data contained
Passenger Corporation’’, $1,007,915,000, to re- in the National Transit Database: Provided
(INCLUDING TRANSFER OF FUNDS) main available until expended, to prevent, further, That for any urbanized area for
prepare for, and respond to coronavirus, in- which the calculation in the previous proviso
For an additional amount for ‘‘Northeast cluding to enable the Secretary of Transpor-
Corridor Grants to the National Railroad exceeds 100 percent of the urbanized area’s
tation to make or amend existing grants to 2018 operating costs, the Secretary shall dis-
Passenger Corporation’’, $1,392,085,000, to re- the National Railroad Passenger Corporation
main available until expended, to prevent, tribute funds in excess of such percent to ur-
for activities associated with the National banized areas for which the calculation in
prepare for, and respond to coronavirus, in- Network as authorized by section 11101(b) of
cluding to enable the Secretary of Transpor- the previous proviso does not exceed 100 per-
the Fixing America’s Surface Transportation cent in the same proportion as amounts allo-
tation to make or amend existing grants to Act (division A of Public Law 114–94): Pro-
the National Railroad Passenger Corporation cated under the first proviso of this para-
vided, That not less than $349,700,000 of the graph;
for activities associated with the Northeast amounts made available under this heading (2) $2,500,000,000 shall be for grants under
Corridor, as authorized by section 11101(a) of in this Act shall be made available for use by section 5309 of title 49, United States Code:
the Fixing America’s Surface Transportation the National Railroad Passenger Corporation Provided, That of the amounts provided
Act (division A of Public Law 114–94): Pro- to be apportioned toward State payments re- under this paragraph—
vided, That not less than $219,610,000 of the quired by the cost methodology policy adopt- (A) $1,950,000,000 shall be for grants to re-
amounts made available under this heading ed pursuant to section 209 of the Passenger cipients that received an allocation under
in this Act and the ‘‘National Network Rail Investment and Improvement Act of section 5309 of title 49, United States Code,
Grants to the National Railroad Passenger 2008 (Public Law 110–432): Provided further, for fiscal year 2019 or fiscal year 2020 as of
Corporation’’ heading in this Act shall be That a State-supported route’s share of such the date of enactment of this Act: Provided,
made available for use by the National Rail- funding under the preceding proviso shall That the Secretary shall calculate each re-
road Passenger Corporation in lieu of capital consist of (1) 7 percent of the costs allocated cipient’s non-Capital Investment Grant fi-
payments from States and commuter rail to the route in fiscal year 2019 under the cost nancial commitment for fiscal years 2019 and
passenger transportation providers subject methodology policy adopted pursuant to sec- 2020 as a percentage of the non-Capital In-
to the cost allocation policy developed pur- tion 209 of the Passenger Rail Investment vestment Grant financial commitments of
suant to section 24905(c) of title 49, United and Improvement Act of 2008 (Public Law all projects for such fiscal years and shall
States Code: Provided further, That, notwith- 110–432), and (2) any remaining amounts proportionally allocate such funds within 14
standing sections 24319(g) and 24905(c)(1)(A)(i) under the preceding proviso shall be appor- days of enactment of this Act: Provided fur-
of title 49, United States Code, such use of tioned to a route in proportion to its pas- ther, That any recipient with a project open
funds does not constitute cross-subsidization senger revenue and other revenue allocated for revenue service for which they received a
of commuter rail passenger transportation: to a State-supported route in fiscal year 2019 construction grant agreement are not eligi-
Provided further, That not more than divided by the total passenger revenue and ble for funds provided under this paragraph;
$91,800,000 of the amounts made available other revenue allocated to all State-sup- and
under this heading in this Act shall be made ported routes in fiscal year 2019: Provided fur- (B) $400,000,000 shall be for grants to recipi-
available for use by the National Railroad ther, That State-supported routes which ter- ents that receive an allocation of fiscal year
Passenger Corporation to repay or prepay minated service on or before February 1, 2019 or fiscal year 2020 funds after the date of
debt incurred by the National Railroad Pas- 2020, shall not be included in the cost and enactment of this Act under section 5309 of
senger Corporation under financing arrange- revenue calculations made pursuant to the title 49, United States Code: Provided, That
ments entered into prior to the enactment of preceding proviso: Provided further, That such grants shall be allocated to such recipi-
this Act and to pay required reserves, costs, amounts made available under this heading ents in proportion to the allocation of fiscal
and fees related to such debt, including for in this Act may be transferred to and merged year 2019 or fiscal 2020 funds provided to all
loans from the Department of Transpor- with ‘‘Northeast Corridor Grants to the Na- projects allocated funding after the date of
tation and loans that would otherwise have tional Railroad Passenger Corporation’’ to enactment of this Act; and
been paid from National Railroad Passenger prevent, prepare for, and respond to (C) no more than $150,000,000 for any recipi-
Corporation revenues: Provided further, That coronavirus: Provided further, That such ent of a grant under section 5309(h) of title
the Secretary may retain up to $4,890,000 of amount is designated by the Congress as 49, United States Code, that may need addi-
the amounts made available under both this being for an emergency requirement pursu- tional assistance in completing a project
heading in this Act and the ‘‘National Net- ant to section 251(b)(2)(A)(i) of the Balanced that has received a grant agreement and
work Grants to the National Railroad Pas- Budget and Emergency Deficit Control Act shall issue a Notice of Funding Opportunity
senger Corporation’’ heading in this Act to of 1985. for amounts made available for projects eli-
fund the costs of project management and gible under section 5309(h) of title 49, United
FEDERAL TRANSIT ADMINISTRATION
oversight of activities authorized by section States Code, not later than 120 days after the
11101(c) of the Fixing America’s Surface TRANSIT INFRASTRUCTURE GRANTS date of enactment of this Act:
Transportation Act (division A of Public For an additional amount for ‘‘Transit In- Provided further, That if amounts remain
Law 114–94): Provided further, That $1,000,000 frastructure Grants’’, $32,000,000,000, to re- available after distributing funds under this
of the amounts made available under both main available until expended, to prevent, paragraph, such amounts shall be added to
this heading in this Act and the ‘‘National prepare for, and respond to coronavirus: Pro- the amounts made available under paragraph
Network Grants to the National Railroad vided, That of the amounts appropriated (5) under this heading: Provided further, That
Passenger Corporation’’ heading in this Act under this heading in this Act— amounts made available under this para-
shall be transferred to ‘‘National Railroad (1) $18,500,000,000 shall be for grants to re- graph shall not be included in any calcula-
Passenger Corporation—Office of Inspector cipients eligible under chapter 53 of title 49, tion of the maximum amount of Federal fi-
General—Salaries and Expenses’’ for con- United States Code, and administered as if nancial assistance for the project under sec-
ducting audits and investigations of projects such funds were provided under section 5307 tion 5309(k)(2)(C)(ii) or 5309(h)(7) of title 49,
and activities carried out with amounts of title 49, United States Code (apportioned United States Code nor should they be sub-
made available in this Act and in title XII of in accordance with section 5336 of such title ject to provisions in sections 5309(a)(7)(A) or
division B of the Coronavirus Aid, Relief, and (other than subsections (h)(1) and (h)(4))), 5309(l)(1)(B)(ii) of such title;
Economic Security Act (Public Law 116–136) and section 5337 of title 49, United States (3) $250,000,000 shall be for grants to recipi-
under the headings ‘‘Northeast Corridor Code (apportioned in accordance with such ents or subrecipients eligible under section
Grants to the National Railroad Passenger section), except that funds apportioned 5310 of title 49, United States Code, and the
Corporation’’ and ‘‘National Network Grants under section 5337 shall be added to funds ap- Secretary of Transportation shall apportion
to the National Railroad Passenger Corpora- portioned under 5307 for administration such funds in accordance with such section:
tion’’: Provided further, That amounts made under 5307: Provided, That the Secretary Provided, That the Secretary shall allocate
available under this heading in this Act may shall allocate the amounts provided in the such funds in the same ratio as funds were
be transferred to and merged with ‘‘National preceding proviso under sections 5307 and provided in Public Law 116–94 and shall allo-
Network Grants to the National Railroad 5337 of title 49, United States Code, in the cate such funds not later than 14 days after
ctelli on DSK11ZRN23PROD with SENATE
Passenger Corporation’’ to prevent, prepare same ratio as funds were provided under the date of enactment of this Act;
for, and respond to coronavirus: Provided fur- Public Law 116–94 and shall allocate such (4) $750,000,000 shall be for grants to recipi-
ther, That such amount is designated by the amounts not later than 14 days after enact- ents or subrecipients eligible under section
Congress as being for an emergency require- ment of this Act: Provided further, That the 5311 of title 49, United States Code (other
ment pursuant to section 251(b)(2)(A)(i) of amounts allocated to any urbanized area than subsection (b)(3) and (c)(1)(A)), and the
the Balanced Budget and Emergency Deficit from amounts made available under this Secretary of Transportation shall apportion
Control Act of 1985. heading in this Act when combined with the such funds in accordance with such section:
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6101
Provided, That the Secretary shall allocate ity of any other agency of the Government, SAINT LAWRENCE SEAWAY DEVELOPMENT
these amounts in the same ratio as funds including the Federal Emergency Manage- CORPORATION
were provided in Public Law 116–94 and shall ment Agency, a State agency, or a local gov- OPERATIONS AND MAINTENANCE
allocate funds within 14 days of enactment of ernmental entity, organization, or person, to (HARBOR MAINTENANCE TRUST FUND)
this Act; and provide any other funds otherwise authorized
(5) $10,000,000,000 shall be for grants to eli- by law: Provided further, That notwith- For necessary expenses to conduct the op-
gible recipients or subrecipients of funds standing subsection (a)(1) or (b) of section erations, maintenance, and capital infra-
under chapter 53 of title 49, United States 5307 of title 49, United States Code, sub- structure activities of the Seaway Inter-
Code, that, as a result of coronavirus, re- section (a)(1) of section 5324 of such title, or national Bridge, $1,500,000, to be derived from
quire additional assistance to maintain oper- any provision of chapter 53 of title 49, funds the Harbor Maintenance Trust Fund pursu-
ations: Provided, That such funds shall be ad- provided under this heading in this Act are ant to section 210 of the Water Resources De-
ministered as if they were provided under available for the operating expenses of tran- velopment Act of 1986 (33 U.S.C. 2238), to pre-
section 5324 of title 49, United States Code: sit agencies related to the response to a vent, prepare for, and respond to
Provided further, That any recipient or sub- coronavirus public health emergency, includ- coronavirus: Provided, That such amount is
recipient of funds under chapter 53 of title 49, ing, beginning on January 20, 2020, reim- designated by the Congress as being for an
United States Code, or an intercity bus serv- bursement for operating costs to maintain emergency requirement pursuant to section
ice provider that has, since October 1, 2018, service and lost revenue due to the 251(b)(2)(A)(i) of the Balanced Budget and
partnered with a recipient or subrecipient in coronavirus public health emergency, includ- Emergency Deficit Control Act of 1985.
order to meet the requirements of section ing the purchase of personal protective OFFICE OF INSPECTOR GENERAL
5311(f) of such title shall be eligible to di- equipment, and paying the administrative SALARIES AND EXPENSES
rectly apply for funds under this paragraph: leave of operations or contractor personnel
For an additional amount for ‘‘Office of In-
Provided further, That entities that have due to reductions in service: Provided further,
spector General’’, $5,000,000, to remain avail-
partnered with a recipient or subrecipient in That to the maximum extent possible, funds
able until expended, to prevent, prepare for,
order to meet the requirements of section made available under this heading in this
and respond to coronavirus: Provided, That
5311(f) of such title shall be eligible to re- Act and in title XII of division B of the
the funding made available under this head-
ceive not more than 7.5 percent of the total CARES Act (Public Law 116–136) shall be di-
ing in this Act shall be used for conducting
funds provided under this paragraph and rected to payroll and public transit, unless
audits and investigations of projects and ac-
shall use assistance provided under this the recipient certifies to the Secretary that
tivities carried out by the Department of
paragraph only for workforce retention or the recipient has not furloughed any employ-
Transportation to prevent, prepare for, and
the recall or rehire of any laid off, fur- ees: Provided further, That such operating ex-
loughed, or terminated employee associated penses are not required to be included in a respond to coronavirus: Provided further,
with the provision of intercity bus service transportation improvement program, long- That such amount is designated by the Con-
including, but not limited to, service eligible range transportation plan, statewide trans- gress as being for an emergency requirement
for funding under section 5311(f) of title 49, portation plan, or a statewide transportation pursuant to section 251(b)(2)(A)(i) of the Bal-
United States Code: Provided further, That improvement program: Provided further, That anced Budget and Emergency Deficit Control
when evaluating applications of intercity grants made under this heading in this Act Act of 1985.
bus service assistance, the Secretary shall and in title XII of division B of the CARES DEPARTMENT OF HOUSING AND URBAN
give priority to preserving national and re- Act (Public Law 116–136) to recipients or sub- DEVELOPMENT
gional intercity bus networks and the rural recipients may be used to make payments to PUBLIC AND INDIAN HOUSING
services that make meaningful connections contractors providing transit operations TENANT-BASED RENTAL ASSISTANCE
to those networks: Provided further, That the service or maintenance of rolling stock,
(INCLUDING TRANSFER OF FUNDS)
Secretary shall issue a Notice of Funding Op- right of way and/or stations at pre-COVID-19
portunity not later than 120 days after the service billing levels in such amounts as ex- For an additional amount for ‘‘Tenant-
date of enactment of this Act that requires isted on February 3, 2020, even if such service Based Rental Assistance’’, $4,000,000,000, to
applications to be submitted not later than was reduced due to the COVID-19 public remain available until expended, and to be
180 days after the date of enactment of this health emergency: Provided further, That the used under the same authority and condi-
Act: Provided further, That the Secretary preceding proviso may only apply if a con- tions as the additional appropriations for fis-
shall make awards not later than 60 days tractor continuously retains its full and cal year 2020 under this heading in title XII
after the application deadline: Provided fur- part-time workforce at their previous full or of division B of the CARES Act (Public Law
ther, That the Secretary shall require grant- part-time status, and/or, where applicable, 116–136), except that any amounts provided
ees to provide estimates of financial need, beginning on the date that employees of the for administrative expenses and other ex-
data on reduced ridership, and a spending contractor are able to return to work at penses of public housing agencies for their
plan for funds: Provided further, That when their previous full or part-time status that it section 8 programs, including Mainstream
evaluating applications for assistance to laid off, furloughed or terminated as a result vouchers, under this heading in the CARES
transit agencies, the Secretary shall give of the COVID-19 public health emergency, or Act (Public Law 116–136) and under this head-
priority to agencies in urbanized areas that its effects, under the terms of any applicable ing in this Act shall also be available for
received less than 100 percent of their 2018 collective bargaining agreement: Provided Housing Assistance Payments under section
operating expenses from the funds appro- further, That private providers of public 8(o) of the United States Housing Act of 1937
priated in paragraph (1) combined with the transportation may be considered eligible (42 U.S.C. 1437f(o)): Provided, That amounts
funds appropriated under this heading in sub-recipients of funding provided under this made available under this heading in this
title XII of division B of the CARES Act heading: Provided further, That unless other- Act and under the same heading in title XII
(Public Law 116–136), and transit agencies wise specified, applicable requirements under of division B of the CARES Act may be used
with the largest revenue loss as a percentage chapter 53 of title 49, United States Code, to cover or reimburse allowable costs in-
of the agency’s 2018 operating expenses: Pro- shall apply to funding made available under curred to prevent, prepare for, and respond
vided further, That States may apply on be- this heading in this Act, except that the Fed- to coronavirus regardless of the date on
half of a recipient, a subrecipient, or a group eral share of the costs for which any grant is which such costs were incurred: Provided fur-
of recipients or subrecipients: Provided fur- made under this heading in this Act shall be, ther, That of the amounts made available
ther, That if applications for assistance do at the option of the recipient, up to 100 per- under this heading in this Act, $500,000,000
not exceed available funds, the Secretary cent: Provided further, That the amount made shall be available for administrative ex-
shall reserve the remaining amounts for available under this heading in this Act shall penses and other expenses of public housing
grantees to prevent, prepare for, and respond be derived from the general fund and shall agencies for their section 8 programs, includ-
to coronavirus and shall accept applications not be subject to any limitation on obliga- ing Mainstream vouchers: Provided further,
on a rolling basis: Provided further, That if tions for transit programs set forth in any That of the amounts made available under
amounts made available under this para- Act: Provided further, That not more than this heading in this Act, $2,500,000,000 shall
graph remain unobligated on December 31, one-half of one percent of the funds for tran- be available for adjustments in the calendar
2021, such amounts shall be available for any sit infrastructure grants, but not to exceed year 2020 or 2021 section 8 renewal funding al-
purpose eligible under section 5324 of title 49, $125,000,000, provided under this heading in locations, including Mainstream vouchers,
United States Code: this Act shall be available for administrative for public housing agencies that experience a
Provided further, That the Secretary shall expenses and ongoing program management significant increase in voucher per-unit costs
not waive the requirements of section 5333 of oversight as authorized under sections 5334 due to extraordinary circumstances or that,
title 49, United States Code, for funds appro- and 5338(f)(2) of title 49, United States Code, despite taking reasonable cost savings meas-
ctelli on DSK11ZRN23PROD with SENATE
priated under this heading in this Act or for and shall be in addition to any other appro- ures, as determined by the Secretary, would
funds previously made available under sec- priations for such purpose: Provided further, otherwise be required to terminate rental as-
tion 5307 of title 49, United States Code, or That such amount is designated by the Con- sistance for families as a result of insuffi-
sections 5310, 5311, 5337, or 5340 of such title gress as being for an emergency requirement cient funding: Provided further, That of the
as a result of the coronavirus: Provided fur- pursuant to section 251(b)(2)(A)(i) of the Bal- amounts made available under this heading
ther, That the provision of funds under this anced Budget and Emergency Deficit Control in this Act, $1,000,000,000 shall be used for in-
heading in this Act shall not affect the abil- Act of 1985. cremental rental voucher assistance under
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S6102 CONGRESSIONAL RECORD — SENATE October 19, 2020
section 8(o) of the United States Housing Act ministering and overseeing the obligation further, That not less than $15,000,000 of the
of 1937 for use by individuals and families and expenditure of these amounts, to remain amount provided under this heading in this
who are—homeless, as defined under section available until September 30, 2024: Provided Act shall be allocated pursuant to the for-
103(a) of the McKinney-Vento Homeless As- further, That such amount is designated by mula in section 854 of such Act using the
sistance Act (42 U.S.C. 11302(a)); at risk of the Congress as being for an emergency re- same data elements as utilized pursuant to
homelessness, as defined under section 401(1) quirement pursuant to section 251(b)(2)(A)(i) that same formula in fiscal year 2020: Pro-
of the McKinney-Vento Homeless Assistance of the Balanced Budget and Emergency Def- vided further, That up to 0.5 percent of the
Act (42 U.S.C. 11360(1)); or fleeing, or at- icit Control Act of 1985. amounts made available under this heading
tempting to flee, domestic violence, dating NATIVE AMERICAN PROGRAMS in this Act may be transferred to ‘‘Depart-
violence, sexual assault, or stalking: Pro- ment of Housing and Urban Development—
(INCLUDING TRANSFER OF FUNDS)
vided further, That the Secretary shall allo- Program Offices—Community Planning and
cate amounts made available in the pre- For an additional amount for ‘‘Native Development’’ for necessary costs of admin-
ceding proviso to public housing agencies not American Programs’’, $400,000,000, to remain istering and overseeing the obligation and
later than 60 days after the date of enact- available until September 30, 2024, and to be expenditure of amounts under this heading
ment of this Act, according to a formula used under the same authority and condi- in this Act, to remain available until Sep-
that considers the ability of the public hous- tions as the additional appropriations for fis- tember 30, 2030: Provided further, That such
ing agency to use vouchers promptly and the cal year 2020 under this heading in title XII amount is designated by the Congress as
need of geographical areas based on factors of division B of the Coronavirus Aid, Relief, being for an emergency requirement pursu-
to be determined by the Secretary, such as and Economic Security Act (Public Law 116– ant to section 251(b)(2)(A)(i) of the Balanced
risk of transmission of coronavirus, high 136): Provided, That the amounts made avail- Budget and Emergency Deficit Control Act
numbers or rates of sheltered and able under this heading in this Act are as fol- of 1985.
unsheltered homelessness, and economic and lows: COMMUNITY DEVELOPMENT FUND
housing market conditions: Provided further, (1) Up to $150,000,000 shall be available for
(INCLUDING TRANSFER OF FUNDS)
That if a public housing authority elects not the Native American Housing Block Grants
program, as authorized under title I of the For an additional amount for ‘‘Community
to administer or does not promptly issue all Development Fund’’, $5,000,000,000, to remain
of its authorized vouchers within a reason- Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4111 available until September 30, 2023, and to be
able period of time, the Secretary shall re- used under the same authority and condi-
allocate any unissued vouchers and associ- et seq.); and
(2) Not less than $250,000,000 shall be avail- tions as the additional appropriations for fis-
ated funds to other public housing agencies cal year 2020 under this heading in title XII
according to the criteria in the preceding able for grants to Indian tribes under the In-
of division B of the CARES Act (Public Law
proviso: Provided further, That a public hous- dian Community Development Block Grant
116–136): Provided, That such amount made
ing agency shall not reissue any vouchers program under title I of the Housing and
available under this heading in this Act shall
under this heading in this Act for incre- Community Development Act of 1974 (42
be distributed pursuant to section 106 of the
mental rental voucher assistance when as- U.S.C. 5306(a)(1)), notwithstanding section
Housing and Community Development Act of
sistance for the family initially assisted is 106(a)(1) of such Act, for emergencies that
1974 (42 U.S.C. 5306) to grantees that received
terminated: Provided further, That upon ter- constitute imminent threats to health and
allocations pursuant to such formula in fis-
mination of incremental rental voucher as- safety:
cal year 2020, and that such allocations shall
sistance under this heading in this Act for Provided further, That amounts made avail-
be made within 30 days of enactment of this
one or more families assisted by a public able under paragraph (1) under this heading
Act: Provided further, That in administering
housing agency, the Secretary shall reallo- in title XII of division B of the Coronavirus
funds under this heading, an urban county
cate amounts that are no longer needed by Aid, Relief, and Economic Security Act
shall consider needs throughout the entire
such public housing agency for assistance (Public Law 116–136) which are allocated to
urban county configuration to prevent, pre-
under this heading in this Act to another Indian tribes or tribally designated housing
pare for, and respond to coronavirus: Pro-
public housing agency for the renewal of entities, and which are not accepted, are vol-
vided further, That up to $100,000,000 of
vouchers previously authorized under this untarily returned, or otherwise recaptured amounts made available under this heading
heading in this Act: Provided further, That for any reason, may be used by the Secretary in this Act may be used to make new awards
amounts made available in this paragraph to make awards under paragraph (2) under or increase prior awards to existing tech-
are in addition to any other amounts made this heading in title XII of division B of the nical assistance providers: Provided further,
available for such purposes: Provided further, Coronavirus Aid, Relief, and Economic Secu- That of the amounts made available under
That up to 0.5 percent of the amounts made rity Act (Public Law 116–136), in addition to this heading in this Act, up to $25,000,000
available under this heading in this Act may amounts otherwise available for such pur- may be transferred to ‘‘Department of Hous-
be transferred, in aggregate, to ‘‘Department poses: Provided further, That up to one-half of ing and Urban Development, Program Of-
of Housing and Urban Development, Program 1 percent of the amounts made available fices—Community Planning and Develop-
Offices—Public and Indian Housing’’ to sup- under this heading in this Act may be trans- ment’’ for necessary costs of administering
plement existing resources for the necessary ferred, in aggregate, to ‘‘Department of and overseeing the obligation and expendi-
costs of administering and overseeing the ob- Housing and Urban Development, Program ture of amounts under this heading in this
ligation and expenditure of these amounts, Offices—Public and Indian Housing’’ for nec- Act, to remain available until September 30,
to remain available until September 30, 2024: essary costs of administering and overseeing 2028: Provided further, That such amount is
Provided further, That such amount is des- the obligation and expenditure of such designated by the Congress as being for an
ignated by the Congress as being for an amounts and of amounts made available emergency requirement pursuant to section
emergency requirement pursuant to section under this heading in title XII of division B 251(b)(2)(A)(i) of the Balanced Budget and
251(b)(2)(A)(i) of the Balanced Budget and of the Coronavirus Aid, Relief, and Economic Emergency Deficit Control Act of 1985.
Emergency Deficit Control Act of 1985. Security Act (Public Law 116–136), to remain
HOMELESS ASSISTANCE GRANTS
available until September 30, 2029, in addi-
PUBLIC HOUSING OPERATING FUND (INCLUDING TRANSFER OF FUNDS)
tion to any other amounts made available
(INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Homeless
for such purposes: Provided further, That such
For an additional amount for ‘‘Public amount is designated by the Congress as Assistance Grants’’, $5,000,000,000, to remain
Housing Operating Fund’’, as authorized by being for an emergency requirement pursu- available until September 30, 2025, for the
section 9(e) of the United States Housing Act ant to section 251(b)(2)(A)(i) of the Balanced Emergency Solutions Grants program as au-
of 1937 (42 U.S.C. 1437g(e)), $2,000,000,000, to be Budget and Emergency Deficit Control Act thorized under subtitle B of title IV of the
used under the same authority and condi- of 1985. McKinney-Vento Homeless Assistance Act
tions as the additional appropriations for fis- (42 U.S.C. 11371 et seq.), as amended, and to
COMMUNITY PLANNING AND DEVELOPMENT
cal year 2020 under this heading in title XII be used under the same authority and condi-
HOUSING OPPORTUNITIES FOR PERSONS WITH
of division B of the CARES Act (Public Law tions as the additional appropriations for fis-
AIDS
116–136): Provided, That amounts made avail- cal year 2020 under this heading in title XII
able under this heading in this Act and under (INCLUDING TRANSFER OF FUNDS) of division B of the CARES Act (Public Law
the same heading in title XII of division B of For an additional amount for ‘‘Housing Op- 116–136): Provided, That $3,000,000,000 of the
the CARES Act may be used to cover or re- portunities for Persons with AIDS’’, amount made available under this heading in
imburse allowable costs incurred to prevent, $65,000,000, to be used under the same author- this Act shall be distributed pursuant to 24
prepare for, and respond to coronavirus re- ity and conditions as the additional appro- CFR 576.3 to grantees that received alloca-
gardless of the date on which such costs were priations for fiscal year 2020 under this head- tions pursuant to that same formula in fiscal
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incurred: Provided further, That up to 0.5 per- ing in title XII of division B of the CARES year 2020, and that such allocations shall be
cent of the amounts made available under Act (Public Law 116–136): Provided, That made within 30 days of enactment of this
this heading in this Act may be transferred, amounts provided under this heading in this Act: Provided further, That, in addition to
in aggregate, to ‘‘Department of Housing and Act that are allocated pursuant to section amounts allocated in the preceding proviso,
Urban Development, Program Offices—Pub- 854(c)(5) of the AIDS Housing Opportunity remaining amounts shall be allocated di-
lic and Indian Housing’’ to supplement exist- Act (42 U.S.C. 12901 et seq.) shall remain rectly to a State or unit of general local gov-
ing resources for the necessary costs of ad- available until September 30, 2022: Provided ernment by the formula specified in the
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6103
third proviso under this heading in title XII until September 30, 2023, and to be used activities: Provided further, That up to 0.5
of division B of the CARES Act (Public Law under the same authority and conditions as percent of the amounts made available under
116–136): Provided further, That not later than the additional appropriations for fiscal year this heading in this Act may be transferred
90 days after the date of enactment of this 2020 under this heading in title XII of divi- to ‘‘Department of Housing and Urban Devel-
Act and every 60 days thereafter, the Sec- sion B of the CARES Act (Public Law 116– opment—Program Offices—Fair Housing and
retary shall allocate a minimum of an addi- 136): Provided, That notwithstanding the first Equal Opportunity’’ for necessary costs of
tional $500,000,000, pursuant to the formula proviso under this heading in the CARES administering and overseeing the obligation
referred to in the preceding proviso, based on Act, $300,000,000 of the amount made avail- and expenditure of amounts under this head-
the best available data: Provided further, able under this heading in this Act shall be ing in this Act, to remain available until
That up to 0.5 percent of the amounts made for one-time grants for service coordinators, September 30, 2030: Provided further, That
available under this heading in this Act may as authorized under section 676 of the Hous- such amount is designated by the Congress
be transferred to ‘‘Department of Housing ing and Community Development Act of 1992 as being for an emergency requirement pur-
and Urban Development—Program Offices— (42 U.S.C. 13632), and the continuation of ex- suant to section 251(b)(2)(A)(i) of the Bal-
Community Planning and Development’’ for isting congregate service grants for residents anced Budget and Emergency Deficit Control
necessary costs of administering and over- of assisted housing projects: Provided further, Act of 1985.
seeing the obligation and expenditure of That up to 0.5 percent of the amounts made OFFICE OF INSPECTOR GENERAL
amounts under this heading in this Act, to available under this heading in this Act may For an additional amount for ‘‘Office of In-
remain available until September 30, 2030: be transferred to ‘‘Department of Housing spector General’’, $5,000,000, to remain avail-
Provided further, That funds made available and Urban Development—Program Offices— able until expended, to prevent, prepare for,
under this heading in this Act and under this Office of Housing’’ for necessary costs of ad- and respond to coronavirus: Provided, That
heading in title XII of division B of the ministering and overseeing the obligation the funding made available under this head-
CARES Act (Public Law 116–136) may be used and expenditure of amounts under this head- ing in this Act shall be used for conducting
for eligible activities the Secretary deter- ing in this Act, to remain available until audits and investigations of projects and ac-
mines to be critical in order to assist sur- September 30, 2030: Provided further, That tivities carried by the Department of Hous-
vivors of domestic violence, sexual assault, ing and Urban Development to prevent, pre-
such amount is designated by the Congress
dating violence, and stalking or to assist pare for, and respond to coronavirus: Pro-
as being for an emergency requirement pur-
homeless youth, age 24 and under: Provided vided further, That such amount is des-
suant to section 251(b)(2)(A)(i) of the Bal-
further, That a grantee, when contracting ignated by the Congress as being for an
anced Budget and Emergency Deficit Control
with service providers engaged directly in emergency requirement pursuant to section
Act of 1985.
the provision of services to homeless persons 251(b)(2)(A)(i) of the Balanced Budget and
served by the program, shall, to the extent HOUSING FOR PERSONS WITH DISABILITIES
Emergency Deficit Control Act of 1985.
practicable, enter into contracts in amounts (INCLUDING TRANSFER OF FUNDS)
RELATED AGENCY
that cover the actual total program costs For an additional amount for ‘‘Housing for
and administrative overhead to provide the NEIGHBORHOOD REINVESTMENT CORPORATION
Persons with Disabilities’’, $45,000,000, to re-
services contracted: Provided further, That main available until September 30, 2023, and PAYMENT TO THE NEIGHBORHOOD
amounts repurposed by this paragraph that to be used under the same authority and con- REINVESTMENT CORPORATION
were previously designated by the Congress ditions as the additional appropriations for For an additional amount for ‘‘Payment to
as an emergency requirement pursuant to fiscal year 2020 under this heading in title the Neighborhood Reinvestment Corpora-
the Balanced Budget and Emergency Deficit XII of division B of the CARES Act (Public tion’’, $100,000,000, to remain available until
Control Act of 1985 are designated by the Law 116–136): Provided, That up to 0.5 percent expended, to the Neighborhood Reinvestment
Congress as an emergency requirement pur- of the amounts made available under this Corporation (‘‘NRC’’) for housing counseling
suant to section 251(b)(2)(A)(i) of the Bal- heading in this Act may be transferred to for households threatened with housing in-
anced Budget and Emergency Deficit Control ‘‘Department of Housing and Urban Develop- stability due to the economic circumstances
Act of 1985: Provided further, That such ment—Program Offices—Office of Housing’’ caused by the COVID-19 pandemic, under the
amount is designated by the Congress as for necessary costs of administering and following terms and conditions:
being for an emergency requirement pursu- overseeing the obligation and expenditure of (1) The NRC shall make grants to coun-
ant to section 251(b)(2)(A)(i) of the Balanced amounts under this heading in this Act, to seling intermediaries approved by the De-
Budget and Emergency Deficit Control Act remain available until September 30, 2030: partment of Housing and Urban Development
of 1985. Provided further, That such amount is des- (‘‘HUD’’) to provide housing counseling as-
EMERGENCY RENTAL ASSISTANCE ignated by the Congress as being for an sistance to help prevent and respond to the
For activities and assistance authorized in emergency requirement pursuant to section displacement of residents due to eviction, de-
section 201 of division O of this Act (the 251(b)(2)(A)(i) of the Balanced Budget and fault of mortgages, or foreclosure of mort-
‘‘COVID–19 HERO ACT’’), $50,000,000,000, to Emergency Deficit Control Act of 1985. gages (‘‘Housing Counseling Assistance’’).
remain available until expended: Provided, State Housing Finance Agencies may also be
FAIR HOUSING AND EQUAL OPPORTUNITY
That such amount is designated by the Con- eligible to receive grants where they meet
FAIR HOUSING ACTIVITIES
gress as being for an emergency requirement all the requirements under this heading.
(INCLUDING TRANSFER OF FUNDS) NRC may target grants may to HUD-ap-
pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control For an additional amount for ‘‘Fair Hous- proved counseling intermediaries and State
Act of 1985. ing Activities’’, $14,000,000, to remain avail- Housing Finance Agencies based on their
HOUSING PROGRAMS able until September 30, 2022, and to be used ability to serve the most vulnerable commu-
under the same authority and conditions as nities, based on an analysis by the NRC of
PROJECT-BASED RENTAL ASSISTANCE
the additional appropriations for fiscal year which areas are most impacted by the eco-
(INCLUDING TRANSFER OF FUNDS) 2020 under this heading in title XII of divi- nomic circumstances caused by the COVID-
For an additional amount for ‘‘Project- sion B of the CARES Act (Public Law 116– 19 pandemic.
Based Rental Assistance’’, $750,000,000, to re- 136): Provided, That of the funds made avail- (2) Housing Counseling Assistance shall be
main available until expended, and to be able under this heading in this Act, $4,000,000 made available to consumers facing housing
used under the same authority and condi- shall be for Fair Housing Organization Ini- instability (‘‘Housing Counseling Clients’’).
tions as the additional appropriations for fis- tiative grants through the Fair Housing Ini- Housing Counseling Clients will be provided
cal year 2020 under this heading in title XII tiatives Program (FHIP), made available to such assistance that shall consist of activi-
of division B of the CARES Act (Public Law existing grantees, which may be used for fair ties that are likely to prevent evictions or
116–136): Provided, That up to 0.5 percent of housing activities and for technology and foreclosures, and result in the long-term af-
the amounts made available under this head- equipment needs to deliver services through fordability of the housing unit retained pur-
ing in this Act may be transferred to ‘‘De- use of the Internet or other electronic or vir- suant to such activity or another positive
partment of Housing and Urban Develop- tual means in response to the public health outcome for the Housing Counseling Client.
ment—Program Offices—Office of Housing’’ emergency related to the Coronavirus Dis- No funds made available under this heading
for necessary costs of administering and ease 2019 (COVID–19) pandemic: Provided fur- may be provided directly to lenders, to land-
overseeing the obligation and expenditure of ther, That of the funds made available under lords, or to Housing Counseling Clients to
amounts under this heading in this Act, to this heading in this Act, $10,000,000 shall be discharge outstanding rent or mortgage bal-
remain available until September 30, 2030: for FHIP Education and Outreach grants ances or for any other direct debt reduction
Provided further, That such amount is des- made available to previously-funded national payments.
ignated by the Congress as being for an media grantees and State and local edu- (3) Not less than 40 percent of grant funds
emergency requirement pursuant to section
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cation and outreach grantees, to educate the made available under this heading shall be
251(b)(2)(A)(i) of the Balanced Budget and public and the housing industry about fair provided to counseling organizations that
Emergency Deficit Control Act of 1985.
housing rights and responsibilities during target Housing Counseling Assistance to mi-
HOUSING FOR THE ELDERLY the COVID–19 pandemic: Provided further, nority and low-income homeowners, renters,
(INCLUDING TRANSFER OF FUNDS) That such grants in the preceding proviso individuals experiencing homelessness, and
For an additional amount for ‘‘Housing for shall be divided evenly between the national individuals at risk of homelessness or pro-
the Elderly’’, $500,000,000, to remain available media campaign and education and outreach vide such services in neighborhoods with
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S6104 CONGRESSIONAL RECORD — SENATE October 19, 2020
high concentrations of minority and low-in- title of this Act may be used, notwith- CARES Act (Public Law 116–136), or the Pay-
come homeowners, renters, individuals expe- standing any other provision of law, to pro- check Protection Program and Health Care
riencing homelessness, and individuals at vide additional funds to maintain operations Enhancement Act (Public Law 116–139) shall
risk of homelessness. for such housing, for providing supportive provide a report detailing the anticipated
(4) The delivery of Housing Counseling As- services, and for taking other necessary ac- uses of all such funding to the Committees
sistance as provided under this heading shall tions to prevent, prepare for, and respond to on Appropriations of the House of Represent-
involve a reasonable analysis of the Housing coronavirus, including to actions to self-iso- atives and the Senate: Provided, That each
Counseling Client’s financial situation, re- late, quarantine, or to provide other report shall include estimated personnel and
sources available to the Housing Counseling coronavirus infection control services as rec- administrative costs, as well as the total
Client, and advice on applicable laws or rules ommended by the Centers for Disease Con- amount of funding apportioned, allotted, ob-
regarding eviction protections, mortgage trol and Prevention, including providing re- ligated, and expended, to date: Provided fur-
forbearance, or foreclosure protection. location services for residents of such hous- ther, That each such report shall be updated
(5) NRC may provide up to 15 percent of the ing to provide lodging at hotels, motels, or and submitted to such Committees every 60
Housing Counseling Assistance grant funds other locations: Provided, That the amounts days until all funds are expended or expire:
under this heading to its own charter mem- repurposed pursuant to this section that Provided further, That reports submitted pur-
bers with expertise in housing counseling, were previously designated by the Congress suant to this section shall satisfy the re-
subject to a certification by the NRC that as an emergency requirement pursuant to quirements of section 1701 of division A of
the procedures for selection do not consist of the Balanced Budget and Emergency Deficit Public Law 116–127.
any procedures or activities that could be Control Act of 1985 are designated by the SEC. 1302. Each amount appropriated or
construed as an unacceptable conflict of in- Congress as an emergency requirement pur- made available by this Act is in addition to
terest or have the appearance of impro- suant to section 251(b)(2)(A)(i) of the Bal- amounts otherwise appropriated for the fis-
priety. anced Budget and Emergency Deficit Control cal year involved.
(6) The HUD-approved counseling inter- Act of 1985. SEC. 1303. No part of any appropriation
mediaries and State Housing Finance Agen- SEC. 1203. Amounts made available in this contained in this Act shall remain available
cies receiving funds under this heading shall Act under the headings ‘‘Northeast Corridor for obligation beyond the current fiscal year
have demonstrated experience in housing Grants to the National Railroad Passenger unless expressly so provided herein.
counseling (including foreclosure counseling, Corporation’’ and ‘‘National Network Grants SEC. 1304. Unless otherwise provided for by
rental counseling, homelessness, and/or fi- to the National Railroad Passenger Corpora- this Act, the additional amounts appro-
nancial counseling) and outreach. NRC may tion’’ shall be used under the same condi- priated by this Act to appropriations ac-
use other criteria to demonstrate capacity, tions as section 22002 of title XII of division counts shall be available under the authori-
particularly in underserved areas. B of the Coronavirus Aid, Relief, and Eco- ties and conditions applicable to such appro-
(7) Of the total amount made available nomic Security Act (Public Law 116–136): priations accounts for fiscal year 2021.
under this heading, up to 4 percent of the Provided, That the amounts made available SEC. 1305. Each amount designated in this
amounts made available under this heading in this Act under such headings shall be used Act by the Congress as being for an emer-
in this Act may be made available to support by the National Railroad Passenger Corpora- gency requirement pursuant to section
non-grant costs associated with the Housing tion to prevent employee furloughs as a re- 251(b)(2)(A)(i) of the Balanced Budget and
Counseling Assistance grants program, in- sult of efforts to prevent, prepare for, and re- Emergency Deficit Control Act of 1985 shall
cluding training, administrative costs, grant spond to coronavirus: Provided further, That be available (or rescinded or transferred, if
compliance, and evaluation. none of the funds made available in this Act applicable) only if the President subse-
(8) The NRC shall build the relevant capac- under such headings may be used by the Na- quently so designates all such amounts and
ities of HUD-approved counseling inter- tional Railroad Passenger Corporation to re- transmits such designations to the Congress.
mediaries and State Housing Finance Agen- duce the frequency of rail service on any SEC. 1306. (a) STATUTORY PAYGO EMER-
cies through a comprehensive training pro- long-distance route (as defined in section GENCY DESIGNATION.—The amounts provided
gram of NRC training courses, except that 24102 of title 49, United States Code) below under division B and each succeeding divi-
private financial institutions that partici- frequencies for such routes in fiscal year sion are designated as an emergency require-
pate in NRC training shall pay market rates 2019, except in an emergency or during main- ment pursuant to section 4(g) of the Statu-
for such training. tenance or construction outages impacting tory Pay-As-You-Go Act of 2010 (2 U.S.C.
(9) Housing Counseling Assistance grants such routes: Provided further, That the 933(g)), and the budgetary effects shall not be
may include a budget for outreach, adver- coronavirus shall not qualify as an emer- entered on either PAYGO scorecard main-
tising, technology, reporting, training, sub- gency in the preceding proviso. tained pursuant to section 4(d) of such Act.
grantee oversight, and other program-related SEC. 1204. For fiscal year 2021, in addition (b) SENATE PAYGO EMERGENCY DESIGNA-
support as determined by the NRC. to payments made pursuant to 53106 of title TION.—In the Senate, division B and each
(10) The NRC shall report annually to the 46, United States Code, the Secretary of succeeding division are designated as an
Committees on Appropriations of the House Transportation shall pay to the contractor emergency requirement pursuant to section
of Representatives and the Senate as well as for an operating agreement entered into pur- 4112(a) of H. Con. Res. 71 (115th Congress), the
the Senate Banking Committee and House suant to chapter 531 of title 46, United States concurrent resolution on the budget for fis-
Financial Services Committee on its efforts Code, for each vessel that is covered by such cal year 2018.
to mitigate housing instability caused by the operating agreement as of the date of enact- (c) CLASSIFICATION OF BUDGETARY EF-
COVID-19 pandemic. ment of this Act, an amount equal to FECTS.—Notwithstanding Rule 3 of the Budg-
Provided, That such amount is designated by $500,000: Provided, That payments authorized et Scorekeeping Guidelines set forth in the
the Congress as being for an emergency re- by this section shall be paid not later than 60 joint explanatory statement of the com-
quirement pursuant to section 251(b)(2)(A)(i) days after the date of enactment of this Act: mittee of conference accompanying Con-
of the Balanced Budget and Emergency Def- Provided further, That any unobligated bal- ference Report 105–217 and section 250(c)(8) of
icit Control Act of 1985. ances remaining from the amounts made the Balanced Budget and Emergency Deficit
GENERAL PROVISIONS—THIS TITLE available for payments under the heading Control Act of 1985, the budgetary effects of
‘‘Maritime Administration—Maritime Secu- division B and each succeeding division—
SEC. 1201. The provision under the heading
rity Program’’ in any prior Act may be used (1) shall not be estimated for purposes of
‘‘Office of the Inspector General—Salaries
for such payments. section 251 of such Act;
and Expenses’’ in title XII of division B of SEC. 1205. During the duration of the na-
the Coronavirus Aid, Relief, and Economic (2) shall not be estimated for purposes of
tional emergency declared by the President
Security Act (Public Law 116–136) is amended paragraph (4)(C) of section 3 of the Statutory
concerning the novel coronavirus disease
by striking ‘‘with funds made available in Pay As-You-Go Act of 2010 as being included
(COVID–19), the Secretary may extend the
this Act to’’ and inserting ‘‘by’’: Provided, in an appropriation Act; and
time period referenced in 23 U.S.C. 120(e)(1)
That the amounts repurposed in this section (3) shall be treated as if they were con-
to account for delays in access, construction,
that were previously designated by the Con- tained in a PAYGO Act, as defined by section
repair or other similar issues.
gress as an emergency requirement pursuant 3(7) of the Statutory Pay-As-You-Go Act of
to the Balanced Budget and Emergency Def- TITLE XIII 2010 (2 U.S.C. 932(7)).
icit Control Act of 1985 are designated by the GENERAL PROVISIONS—THIS DIVISION SEC. 1307. (a) Any contract or agreement
Congress as an emergency requirement pur- SEC. 1301. Not later than 30 days after the entered into by an agency with a State or
suant to section 251(b)(2)(A)(i) of the Bal- date of enactment of this Act, the head of local government or any other non-Federal
anced Budget and Emergency Deficit Control each executive agency that receives funding entity for the purposes of providing covered
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Act of 1985. in any division of this Act, or that received assistance, including any information and
SEC. 1202. Amounts made available under funding in the Coronavirus Preparedness and documents related to the performance of and
the headings ‘‘Project-Based Rental Assist- Response Supplemental Appropriations Act, compliance with such contract or agreement,
ance’’, ‘‘Housing for the Elderly’’ and ‘‘Hous- 2020 (division A of Public Law 116–123), the shall be—
ing for Persons With Disabilities’’ in title Second Coronavirus Preparedness and Re- (1) deemed an agency record for purposes of
XII of division B of the CARES Act (Public sponse Supplemental Appropriations Act, section 552(f)(2) of title 5, United States
Law 116–136) and under such headings in this 2020 (division A of Public Law 116–127), the Code; and
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6105
(2) subject to section 552 of title 5, United given the term in section 3502 of the CARES included in the enactment of the CARES Act
States Code (commonly known as the ‘‘Free- Act (Public Law 116–136), as amended by this (Public Law 116–136).
dom of Information Act’’). Act. SEC. 114. SERVICE OBLIGATIONS FOR TEACHERS
(b) In this section— (6) QUALIFYING EMERGENCY PERIOD.—The AND OTHER PROFESSIONALS.
(1) the term ‘‘agency’’ has the meaning term ‘‘qualifying emergency period’’ means (a) AMENDMENT.—Section 3519 of the
given the term in section 551 of title 5, the period— CARES Act (Public Law 116–136) is amend-
United States Code; and (A) beginning on the first day of a quali- ed—
(2) the term ‘‘covered assistance’’— fying emergency; and (1) in the section heading, by inserting
(A) means any assistance provided by an (B) ending on the later of the date on ‘‘AND OTHER PROFESSIONALS’’ after ‘‘TEACH-
agency in accordance with an Act or amend- which the qualifying emergency expires or ERS’’; and
ments made by an Act to provide aid, assist- June 30, 2021. (2) by adding at the end the following:
ance, or funding related to the outbreak of (7) SECRETARY.—The term ‘‘Secretary’’ ‘‘(c) FEDERAL PERKINS LOANS.—Notwith-
COVID–19 that is enacted before, on, or after means the Secretary of Education. standing section 465 of the Higher Education
the date of enactment of this Act; and Subtitle A—Cares Act Amendments Act of 1965 (20 U.S.C. 1087ee), the Secretary
(B) includes any such assistance made shall waive the requirements of such section
SEC. 111. APPLICATION OF CAMPUS-BASED AID
available by an agency under— in regard to full-time service and shall con-
WAIVERS.
(i) any division of this Act; sider an incomplete year of service of a bor-
(a) APPLICATION.—Section 3503 of the
(ii) the Paycheck Protection Program and rower as fulfilling the requirement for a
CARES Act is amended—
Health Care Enhancement Act (Public Law complete year of service under such section,
(1) in subsection (a)— if the service was interrupted due to a quali-
116–139), or an amendment made by that Act; (A) by inserting ‘‘or for any other award
(iii) the CARES Act (Public Law 116–136), fying emergency.’’.
year that includes any portion of a quali- (b) EFFECTIVE DATE.—The amendments
or an amendment made by that Act; fying emergency period,’’ after ‘‘2020–2021,’’; made by subsection (a) shall take effect as if
(iv) the Families First Coronavirus Re- and included in the enactment of the CARES Act
sponse Act (Public Law 116–127), or an (B) by inserting ‘‘and a nonprofit organiza- (Public Law 116–136).
amendment made by that Act; or tion providing employment under section SEC. 115. CONTINUING EDUCATION AT AFFECTED
(v) the Coronavirus Preparedness and Re- 443(b)(5) of such Act’’ after ‘‘waive the re- FOREIGN INSTITUTIONS.
sponse Supplemental Appropriations Act, quirement that a participating institution of (a) IN GENERAL.—Section 3510 of the
2020 (Public Law 116–123), or an amendment higher education’’; and CARES Act (20 U.S.C. 1001 note) is amend-
made by that Act. (2) in subsection (b), by striking ‘‘during a ed—
SEC. 1308. (a) Notwithstanding any other period of a qualifying emergency’’ and in- (1) in subsection (a), by striking ‘‘for the
provision of law and in a manner consistent serting ‘‘during any award year that includes duration of such emergency’’ and all that
with other provisions in any division of this any portion of a qualifying emergency pe- follows through the period at the end and in-
Act, all laborers and mechanics employed by riod’’. serting ‘‘for purposes of title IV of the High-
contractors and subcontractors on projects (b) EFFECTIVE DATE.—The amendments er Education Act of 1965 (20 U.S.C. 1070 et
funded directly by or assisted in whole or in made by subsection (a) shall take effect as if seq.) until the end of the covered period ap-
part by and through the Federal Government included in the enactment of the CARES Act plicable to the institution.’’;
pursuant to any division of this Act shall be (Public Law 116–136). (2) in subsection (b), by striking ‘‘for the
paid wages at rates not less than those pre- SEC. 112. SUPPLEMENTAL EDUCATIONAL OPPOR- duration of the qualifying emergency and
vailing on projects of a character similar in TUNITY GRANTS FOR EMERGENCY
the following payment period for purposes of
the locality as determined by the Secretary AID.
title IV of the Higher Education Act of 1965
of Labor in accordance with subchapter IV of (a) USE AND TREATMENT.—Section 3504 of
(20 U.S.C. 1070 et seq.).’’ and inserting ‘‘until
chapter 31 of title 40, United States Code. the CARES Act (Public Law 116–136) is
the end of the covered period applicable to
With respect to the labor standards specified amended—
the institution.’’;
in this section, the Secretary of Labor shall (1) in subsection (a), by inserting ‘‘that in-
(3) in subsection (c), by striking ‘‘for the
have the authority and functions set forth in cludes any portion of a qualifying emergency
duration of the qualifying emergency and
Reorganization Plan Numbered 14 of 1950 (64 period’’ after ‘‘for a fiscal year’’; and
the following payment period,’’ and inserting
Stat. 1267; 5 U.S.C. App.) and section 3145 of (2) by striking subsection (c).
(b) EFFECTIVE DATE.—The amendments ‘‘until all covered periods for foreign institu-
title 40, United States Code.
made by subsection (a) shall take effect as if tions carrying out a distance education pro-
(b) The amounts provided by this section
included in the enactment of the CARES Act gram authorized under this section have
are designated by the Congress as being for
(Public Law 116–136). ended,’’;
an emergency requirement pursuant to sec-
SEC. 113. EXTENSION OF FEDERAL WORK-STUDY (4) in subsection (d)—
tion 251(b)(2)(A)(i) of the Balanced Budget
DURING A QUALIFYING EMERGENCY. (A) in paragraph (1)—
and Emergency Deficit Control Act of 1985.
This division may be cited as the (a) FEDERAL WORK-STUDY DURING A QUALI- (i) by striking ‘‘for the duration of a quali-
‘‘Coronavirus Recovery Supplemental Appro- FYING EMERGENCY.—Section 3505 of the fying emergency and the following payment
priations Act, 2021’’. CARES Act (Public Law 116–136) is amend- period,’’ and inserting ‘‘until the end of the
ed— covered period applicable to a foreign insti-
DIVISION B—PROVIDING RELIEF TO STU-
(1) in subsection (a)— tution,’’; and
DENTS, INSTITUTIONS OF HIGHER EDU-
(A) in the matter preceding paragraph (1)— (ii) by striking ‘‘allow a foreign institu-
CATION, LOCAL EDUCATIONAL AGEN-
(i) by striking ‘‘In the event of a qualifying tion’’ and inserting ‘‘allow the foreign insti-
CIES, AND STATE VOCATIONAL REHA-
emergency’’ and inserting ‘‘During a quali- tution’’;
BILITATION AGENCIES
fying emergency period’’; and (B) in each of subparagraphs (A) and (B) of
SEC. 100. SHORT TITLE. paragraph (2), by striking ‘‘subsection (a)’’
(ii) by striking ‘‘(not to’’ and all that fol-
This division may be cited as the ‘‘Pan- and inserting ‘‘paragraph (1)’’;
lows through the semicolon and inserting
demic Education Response Act’’. (C) in paragraph (3)(B), by striking ‘‘30
‘‘in which affected students are unable to
TITLE I—HIGHER EDUCATION fulfill the students’ work-study obligation days’’ and inserting ‘‘10 days’’; and
PROVISIONS due to such qualifying emergency, as fol- (D) in paragraph (4)—
SEC. 101. DEFINITIONS. lows:’’; (i) by striking ‘‘for the duration of the
In this title: (B) in paragraph (1), by striking ‘‘as a one qualifying emergency and the following pay-
(1) AWARD YEAR.—The term ‘‘award year’’ time grant’’ and inserting ‘‘as a one-time ment period,’’ and inserting ‘‘until all cov-
has the meaning given the term in section grant in each payment period the student is ered periods for foreign institutions that en-
481(a) of the Higher Education Act of 1965 (20 awarded work-study’’; and tered into written arrangements under para-
U.S.C. 1088(a)). (C) in paragraph (2), by striking ‘‘or was graph (1) have ended,’’; and
(2) AUTHORIZING COMMITTEES.—The term not completing the work obligation nec- (ii) by striking ‘‘identifies each foreign in-
‘‘authorizing committees’’ has the meaning essary to receive work study funds under stitution that entered into a written ar-
given the term in section 103 of the Higher such part prior to the occurrence of the rangement under subsection (a).’’ and insert-
Education Act of 1965 (20 U.S.C. 1003). qualifying emergency’’; and ing the following: ‘‘identifies, for each such
(3) FAFSA.—The term ‘‘FAFSA’’ means an (2) in subsection (b)— foreign institution—
application under section 483 of the Higher (A) in paragraph (1)— ‘‘(A) the name of the foreign institution;
Education Act of 1965 (20 U.S.C. 1090) for Fed- (i) by striking ‘‘for the academic year dur- ‘‘(B) the name of the institution of higher
eral student financial aid. ing which a qualifying emergency occurred;’’ education located in the United States that
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(4) INSTITUTION OF HIGHER EDUCATION.—The and inserting ‘‘for an academic year that in- has entered into a written arrangement with
term ‘‘institution of higher education’’ has cludes any portion of a qualifying emergency such foreign institution; and
the meaning given the term in section 102 of period; and’’; and ‘‘(C) information regarding the nature of
the Higher Education Act of 1965 (20 U.S.C. (B) by striking paragraph (2) and redesig- such written arrangement, including which
1002). nating paragraph (3) as paragraph (2). coursework or program requirements are ac-
(5) QUALIFYING EMERGENCY.—The term (b) EFFECTIVE DATE.—The amendments complished at each respective institution.’’;
‘‘qualifying emergency’’ has the meaning made by subsection (a) shall take effect as if and
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S6106 CONGRESSIONAL RECORD — SENATE October 19, 2020
(5) by adding at the end the following: SEC. 117. WAIVER AUTHORITY FOR INSTITU- under section 480(b) of the Higher Education
‘‘(e) DEFINITION OF COVERED PERIOD.— TIONAL AID. Act of 1965 (20 U.S.C. 1807vv(b))) in the com-
‘‘(1) IN GENERAL.—In this section, the term (a) IN GENERAL.—Section 3517(a)(1)(D) of putation of expected family contribution for
‘covered period’, when used with respect to a the CARES Act (Public Law 116–136) is any program funded in whole or in part
foreign institution of higher education, amended by striking ‘‘(b), (c), and (g)’’ and under the Higher Education Act of 1965 (20
means the period— inserting ‘‘(b) and (c)’’. U.S.C. 1001 et seq.); and
‘‘(A) beginning on the first day of— (b) EFFECTIVE DATE.—The amendment (2) shall not be treated as estimated finan-
‘‘(i) a qualifying emergency; or made by subsection (a) shall take effect as if cial assistance for the purposes of section 471
‘‘(ii) a public health emergency, major dis- included in the enactment of the CARES Act or section 480(j) of the Higher Education Act
aster or emergency, or national emergency (Public Law 116–136). of 1965 (20 U.S.C. 1087kk; 1087vv(j)).
declared by the applicable government au- SEC. 118. SCOPE OF MODIFICATIONS TO RE- (b) DEFINITION.—In this section, the term
QUIRED AND ALLOWABLE USES. ‘‘emergency financial aid grant’’ means—
thorities in the country in which the foreign
institution is located; and (a) AMENDMENT TO INCLUDE MINORITY (1) an emergency financial aid grant
‘‘(B) ending on the later of— SCIENCE AND ENGINEERING IMPROVEMENT PRO- awarded by an institution of higher edu-
GRAM.—Subsection (a) of section 3518 of the cation under section 3504 of the CARES Act
‘‘(i) subject to paragraph (2), the last day
of the payment period, for purposes of title CARES Act (Public Law 116–136) is amend- (Public Law 116–136);
IV of the Higher Education Act of 1965 (20 ed— (2) an emergency financial aid grant from
U.S.C. 1070 et seq.), following the end of any (1) by striking ‘‘part A or B of title III,’’ an institution of higher education made with
qualifying emergency or any emergency or and inserting ‘‘part A, part B, or subpart 1 of funds made available under section 18004 of
disaster described in subparagraph (A)(ii) ap- part E of title III,’’; and the CARES Act (Public Law 116–136); and
plicable to the foreign institution; or (2) by inserting ‘‘1067 et seq.;’’ after ‘‘1060 (3) any other emergency financial aid grant
‘‘(ii) June 30, 2022. et seq.;’’. to a student from a Federal agency, a State,
(b) AMENDMENT TO MATCHING REQUIREMENT an Indian tribe, an institution of higher edu-
‘‘(2) SPECIAL RULE FOR CERTAIN PAYMENT
MODIFICATIONS.—Subsection (b) of section cation, or a scholarship-granting organiza-
PERIODS.—For purposes of subparagraph
3518 of the CARES Act (Public Law 116–136) is tion (including a tribal organization, as de-
(B)(i), if the following payment period for an
amended— fined in section 4 of the Indian Self-Deter-
award year ends before June 30 of such award
(1) by striking ‘‘Notwithstanding’’ and in- mination and Education Assistance Act (25
year, the covered period shall be extended
serting the following: U.S.C. 5304)) for the purpose of providing fi-
until June 30 of such award year.’’.
‘‘(1) IN GENERAL.—Notwithstanding’’; nancial relief to students enrolled at institu-
(b) EFFECTIVE DATE.—The amendments
made by subsection (a) shall take effect as if (2) in paragraph (1), as so designated by tions of higher education in response to a
included in the enactment of the CARES Act this subsection— qualifying emergency.
(Public Law 116–136). (A) by striking ‘‘is authorized to’’ and in- SEC. 122. FACILITATING ACCESS TO FINANCIAL
SEC. 116. FUNDING FOR HBCU CAPITAL FINANC-
serting ‘‘shall’’; and AID FOR RECENTLY UNEMPLOYED
ING; ENDOWMENT CHALLENGE (B) by striking ‘‘share’’ and inserting STUDENTS.
GRANTS. ‘‘share, non-Federal share,’’; and (a) TREATMENT AS DISLOCATED WORKER.—
(a) FUNDING FOR HBCU CAPITAL FINANC- (3) by adding at the end the following new (1) IN GENERAL.—Notwithstanding section
ING.— paragraph: 479(d)(1) of the Higher Education Act of 1965
(1) AMENDMENTS.—Section 3512 of division ‘‘(2) WAIVER OF GEAR UP MATCHING REQUIRE- (20 U.S.C. 1087ss(d)(1)), any individual who
A of the Coronavirus Aid, Relief, and Eco- MENT.— has applied for, or who is receiving, unem-
nomic Security Act (20 U.S.C. 1001 note) is ‘‘(A) IN GENERAL.—Notwithstanding section ployment benefits at the time of the submis-
amended— 404C(b) of the Higher Education Act of 1965 sion of a FAFSA for a covered award year
(A) in subsection (a)— (20 U.S.C. 1070a–23(b)), the Secretary shall shall be treated as a dislocated worker for
(i) in paragraph (1), by striking ‘‘may’’ and waive, for the duration of the period de- purposes of the need analysis under part F of
inserting ‘‘shall’’; and scribed in subparagraph (B), any requirement title IV such Act (20 U.S.C. 1087kk et seq.)
(ii) in paragraph (2)— for an eligible entity (as defined in section applicable to such award year.
(I) in subparagraph (A), by striking ‘‘or in- 404A(c) (20 U.S.C. 1070a–21(c))) to provide a (2) INFORMATION TO APPLICANTS AND INSTI-
terest’’ and inserting ‘‘or interest, or any ap- percentage of the cost of the program au- TUTIONS.—The Secretary—
plicable fees or required funds,’’; and thorized under chapter 2 of subpart 2 of part (A) for each covered award year, shall en-
(II) in subparagraph (B)— A of title IV of the Higher Education Act of sure that—
(aa) by striking ‘‘payments’’ and inserting 1965 (20 U.S.C. 1070a–21 et seq.) from State, (i) any question on the FAFSA used to de-
‘‘payments, and any payments of applicable local, institutional, or private funds. termine whether an applicant (or, as applica-
fees and required funds,’’; and ‘‘(B) DESCRIPTION OF PERIOD.—The period ble, a spouse or parent of an applicant) is a
(bb) by striking the period and inserting ‘‘; described in this subparagraph is the period dislocated worker includes an express ref-
and’’; and beginning on the first day of a qualifying erence to individuals who have been laid off;
(III) by adding at the end the following: emergency and ending on September 30 of (ii) any help text associated with a ques-
‘‘(C) the institution may pay, without pen- the fiscal year following the end of the quali- tion described in clause (i) includes a de-
alty, any periodic installment of principal or fying emergency.’’. scription of an applicant’s treatment as a
interest required under the loan agreement (c) AMENDMENT TO CLARIFY SCOPE OF AU- dislocated worker under paragraph (1); and
for such loan.’’; and THORITY.—Section 3518 of the CARES Act (iii) the FAFSA includes a prominent noti-
(B) in subsection (d), by striking (Public Law 116–136) is further amended by fication, appearing immediately before ques-
‘‘$62,000,000’’ and inserting ‘‘such sums as adding at the end the following new sub- tions related to tax returns or income that,
may be necessary’’. section: if the applicant (or, as applicable, a spouse or
(2) EFFECTIVE DATE.—The amendments ‘‘(d) SCOPE OF AUTHORITY.—Notwith- parent of an applicant) has lost significant
made by this subsection shall take effect as standing subsection (a), the Secretary may income earned from work due to a qualifying
if enacted as part of the Coronavirus Aid, Re- not modify the required or allowable uses of emergency, the applicant should contact the
lief, and Economic Security Act (Public Law funds for grants awarded under chapter I or financial aid administrator at the institu-
116–136). II of subpart 2 of part A of title IV of the tion where the applicant plans to enroll to
(b) ENDOWMENT CHALLENGE GRANTS.—For Higher Education Act of 1965 (20 U.S.C. 1070a– provide current income information;
the duration of a qualifying emergency (as 11 et seq.; 1070a–21 et seq.), in a manner that (B) in consultation with institutions of
defined in section 3502 of the Coronavirus deviates from the overall purpose of the higher education, shall carry out activities
Aid, Relief, and Economic Security Act (20 grant program, as provided in the general to inform applicants for Federal student fi-
U.S.C. 1001 note)), notwithstanding the pro- authorization, findings, or purpose of the nancial aid under the Higher Education Act
visions of subsections (b)(3), (c)(3)(B), and (d) grant program under the applicable statu- of 1965 (20 U.S.C. 1001 et seq.)—
of section 331 of the Higher Education Act of tory provision cited in such chapter.’’. (i) of the treatment of individuals who
1965 (20 U.S.C. 1065) applicable during the (d) EFFECTIVE DATE.—The amendments have applied for, or who are receiving, unem-
grant period for an endowment challenge made by this section shall take effect as if ployment benefits as dislocated workers
grant awarded to an institution under such included in the enactment of the CARES Act under paragraph (1);
section 331 (20 U.S.C. 1065), the institution (Public Law 116–136). (ii) of the availability of means-tested Fed-
may use the endowment fund corpus plus Subtitle B—Financial Aid Access eral benefits for which such applicants may
any endowment fund income— SEC. 121. EMERGENCY FINANCIAL AID GRANTS be eligible; and
(1) for any educational purpose; or EXCLUDED FROM NEED ANALYSIS. (iii) of the ability of a financial aid admin-
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(2) to defray any expenses necessary to the (a) TREATMENT OF EMERGENCY FINANCIAL istrator of an institution of higher education
operation of the institution, including ex- AID GRANTS FOR NEED ANALYSIS.—Notwith- to use professional judgment as authorized
penses of operations and maintenance, ad- standing any provision of the Higher Edu- under section 479A of the Higher Education
ministration, academic and support per- cation Act of 1965 (20 U.S.C. 1001 et seq.), Act of 1965 (20 U.S.C. 1087tt) and in accord-
sonnel, construction and renovation, com- emergency financial aid grants— ance with subsection (b), to determine,
munity and student services programs, and (1) shall not be included as income or as- where appropriate, that income earned from
technical assistance. sets (including untaxed income and benefits work is zero and consider unemployment
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6107
benefits to be zero, if the applicant (or, as (A) an award year during which there is a ment of Education in the Federal Register
applicable, a spouse or parent of an appli- qualifying emergency; and on September 2, 2020 (85 Fed. Reg. 54809), or
cant) has applied for or is receiving unem- (B) the first award year beginning after the any succeeding regulations.
ployment benefits; end of such qualifying emergency. (2) INFORMATION TO ACCREDITING AGENCY.—
(C) shall carry out activities to inform in- (2) MEANS-TESTED FEDERAL BENEFIT.—The Not later than 90 days after the date of en-
stitutions of higher education of the author- term ‘‘means-tested Federal benefit’’ in- actment of this Act, each institution of high-
ity of such institutions, with explicit written cludes the following: er education that participates in a program
consent of an applicant for Federal student (A) The supplemental security income pro- under title IV of the Higher Education Act of
financial aid under the Higher Education Act gram under title XVI of the Social Security 1965 (20 U.S.C. 1070 et seq.) and that provides
of 1965 (20 U.S.C. 1001 et seq.), to provide in- Act (42 U.S.C. 1381 et seq.). one or more educational programs through
formation collected from such applicant’s (B) The supplemental nutrition assistance distance education shall submit to the insti-
FAFSA to an organization assisting the ap- program under the Food and Nutrition Act tution’s accrediting agency or association, a
plicant in applying for and receiving Fed- of 2008 (7 U.S.C. 2011 et seq.). description of how the institution plans to
eral, State, local, or tribal assistance in ac- (C) The free and reduced price school lunch meet the requirements of this subsection.
cordance with section 312 of the Department program established under the Richard B. (3) EFFECTIVE DATE.—This subsection shall
of Defense and Labor, Health and Human Russell National School Lunch Act (42 U.S.C. take effect with respect to any semester (or
Services, and Education Appropriations Act, 1751 et seq.). the equivalent) that begins on or after De-
2019 and Continuing Appropriations Act, 2019 (D) The program of block grants for States cember 1, 2020.
(Public Law 115– 245); and for temporary assistance for needy families (b) APPROVAL FOR EXPANDED DISTANCE
(D) in consultation with the Secretary of established under part A of title IV of the EDUCATION.—
Labor, shall carry out activities to inform Social Security Act (42 U.S.C. 601 et seq.). (1) IN GENERAL.—
applicants for, and recipients of, unemploy- (E) The special supplemental nutrition (A) IN GENERAL.—Notwithstanding section
ment benefits of the availability of Federal program for women, infants, and children es- 481(b)(3) of the Higher Education Act of 1965
student financial aid under the Higher Edu- tablished by section 17 of the Child Nutrition (20 U.S.C. 1088(b)(3)), an institution of higher
cation Act of 1965 (20 U.S.C. 1001 et seq.) and Act of 1966 (42 U.S.C. 1786). education described in subparagraph (B) may
the treatment of such applicants and recipi- (F) The Medicaid program under title XIX deliver distance education by offering pro-
ents as dislocated workers under paragraph of the Social Security Act (42 U.S.C. 1396 et grams in whole or in part through tele-
(1). seq.). communications and be eligible to partici-
(3) IMPLEMENTATION.—The Secretary shall (G) The tax credits provided under the fol- pate in a program under title IV if such in-
implement this subsection not later than 30 lowing sections of the Internal Revenue Code stitution meets the requirements of para-
days after the date of enactment of this Act. of 1986 (title 26, United States Code): graphs (2) through (4).
(4) APPLICABILITY.—Paragraph (1) shall (i) Section 25A (relating to American Op- (B) INSTITUTION OF HIGHER EDUCATION.—An
apply with respect to a FAFSA submitted on portunity and Lifetime Learning credits). institution of higher education described in
or after the earlier of— (ii) Section 32 (relating to earned income). this subparagraph is an institution of higher
(A) the date on which the Secretary imple- (iii) Section 36B (relating to refundable education that uses or expands distance edu-
ments this subsection under paragraph (3); or credit for coverage under a qualified health cation—
(B) the date that is 30 days after the date plan). (i) in accordance with the flexibilities and
of enactment of this Act. (iv) Section 6428 (relating to 2020 recovery waivers provided under the guidance of the
(b) PROFESSIONAL JUDGMENT OF FINANCIAL rebates for individuals). Secretary on distance education; and
AID ADMINISTRATORS.—For the purposes of (H) Federal housing assistance programs, (ii) without following—
making a professional judgment as author- including tenant-based assistance under sec- (I) the standard approval process for dis-
ized under section 479A of the Higher Edu- tion 8(o) of the United States Housing Act of tance education (as in effect before March 5,
cation Act of 1965 (20 U.S.C. 1087tt), a finan- 1937 (42 U.S.C. 1437f(o)), and public housing, 2020) of the Secretary; or
cial aid administrator may, during a covered as defined in section 3(b)(1) of such Act (42 (II) the evaluation process of institution’s
award year— U.S.C. 1437a(b)(1)). accrediting agency or association described
(1) determine that the income earned from (I) Such other Federal means-tested bene- in paragraph (2)(A).
work for a student, or a parent or spouse of fits as may be identified by the Secretary. (2) COMMENCEMENT OF EVALUATION PROCESS
a student, as applicable, is zero, if the stu- SEC. 123. STUDENT ELIGIBILITY FOR HIGHER WITH THE INSTITUTION’S ACCREDITING AGEN-
dent, parent, or spouse provides paper or EDUCATION EMERGENCY RELIEF
CY.—
electronic documentation of receipt of unem- FUND AND OTHER HIGHER EDU-
CATION FUNDS. (A) IN GENERAL.—Not later than December
ployment benefits or confirmation that an
(a) IN GENERAL.—With respect to student 31, 2020, each institution described in para-
application for unemployment benefits was
eligibility for receipt of funds provided under graph (1)(B) shall demonstrate to the Sec-
submitted;
section 18004 of the CARES Act (Public Law retary that such institution has commenced
(2) consider the value of unemployment
116–136) and under title VIII of division A of the evaluation process with its accrediting
benefits for such student, parent, or spouse
this Act— agency or association for the purpose of eval-
to be zero; and
(1) the Secretary is prohibited from impos- uating distance education to determine
(3) make appropriate adjustments to the
ing any restriction on, or defining, the popu- whether such institution has the capability
data items on the FAFSA for a student, par-
lations of students who may receive such to—
ent, or spouse, as applicable, based on the to-
funds other than a restriction based solely (i) effectively deliver distance education
tality of the family’s situation.
(c) UNEMPLOYMENT DOCUMENTATION.—For on the student’s enrollment at the institu- programs; and
the purposes of documenting unemployment tion of higher education; and (ii) meet the applicable policies and proce-
benefits or application for such benefits (2) section 401(a) the Personal Responsi- dures of the accrediting agency or associa-
under subsection (b), such documentation bility and Work Opportunity Reconciliation tion (as such policies and procedures were in
shall be accepted if such documentation is Act of 1996 (8 U.S.C. 1611(a)) shall not apply. effect before March 5, 2020).
submitted not more than 90 days from the (b) EFFECTIVE DATE.—Subsection (a) shall (B) ACCREDITING AGENCY OR ASSOCIATION.—
date on which such documentation was take effect as if included in the enactment of In a case in which an accrediting agency or
issued, unless a financial aid administrator the CARES Act (Public Law 116–136), and an association does not have distance education
knows that the student, parent, or spouse, as institution of higher education that provided in the scope of its recognition at the time an
applicable, has already obtained other em- funds to a student before the date of enact- institution commences the evaluation proc-
ployment. ment of this Act shall not be penalized if ess described in this paragraph, and such
(d) ADJUSTMENTS TO PROGRAM REVIEW such provision is consistent with such sub- agency expands its scope of accreditation to
MODEL.—The Secretary shall make adjust- section and section 18004 of the CARES Act include distance education, not later than 30
ments to the model used to select institu- (Public Law 116–136). days after such change in scope, such agency
tions of higher education participating in SEC. 124. DISTANCE EDUCATION. shall notify the Secretary, in writing, of the
title IV of the Higher Education Act of 1965 (a) DEFINITION OF DISTANCE EDUCATION.— change in scope to include distance edu-
(20 U.S.C. 1070 et seq.) for program reviews, (1) IN GENERAL.—Notwithstanding section cation, in accordance with section
in order to— 103(7) of the Higher Education Act of 1965 (20 496(a)(4)(B)(i)(II) of the Higher Education Act
(1) account for any rise in the use of profes- U.S.C. 1003(7)) and except as otherwise speci- of 1965 (20 U.S.C. 1099b(a)(4)(B)(i)(II)).
sional judgment as authorized under section fied in section 486 of the Higher Education (3) COMMENCEMENT OF APPROVAL PROCESS
479A of such Act (20 U.S.C. 1087tt) during the Act of 1965 (20 U.S.C. 1093), the term ‘‘dis- WITH THE SECRETARY.—Not later than Decem-
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2020–2021 and 2021–2022 award years; and tance education’’ as used in title IV of the ber 31, 2020, each institution described in
(2) ensure that institutions are not penal- Higher Education Act of 1965 (20 U.S.C. 1070 paragraph (1)(B) shall commence, with the
ized for an increase in the use of professional et seq.) shall have the meaning given that Secretary, the standard approval process for
judgment during such award years. term in section 600.2 of title 34, Code of Fed- distance education of the Secretary referred
(e) DEFINITIONS.—In this section: eral Regulations, as amended by the final to in paragraph (1)(B)(ii)(I).
(1) COVERED AWARD YEAR.—The term ‘‘cov- regulations entitled ‘‘Distance Education (4) COMPLETION OF EVALUATION AND AP-
ered award year’’ means— and Innovation’’ published by the Depart- PROVAL PROCESS.—
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S6108 CONGRESSIONAL RECORD — SENATE October 19, 2020
(A) IN GENERAL.—Not later than July 1, made by the institution’s accrediting agency on a publicly available website, a report of
2021, an institution of higher education de- or association. the information collected under paragraph
scribed in paragraph (1)(B) shall demonstrate (3) INFORMATION MADE AVAILABLE TO STU- (1) and subsection (c)(2).
to the Secretary that— DENTS.— (e) OTHER DEFINITIONS.—In this section:
(i) the institution has completed the eval- (A) INSTITUTIONS WITH COVERED ARRANGE- (1) ACCREDITING AGENCY OR ASSOCIATION.—
uation process and standard approval process MENTS WITH NON-TITLE-IV INSTITUTIONS OR OR- The term ‘‘accrediting agency or associa-
for distance education under paragraphs (2) GANIZATIONS.—An institution of higher edu- tion’’ means—
and (3), respectively, for each of its applica- cation with a covered arrangement with a (A) an accrediting agency or association
ble programs; and non-title-IV institution or organization shall that is recognized by the Secretary under
(ii) each such program meets the applica- provide directly to enrolled and prospective subpart 2 of part H of title IV of the Higher
ble policies and procedures to offer distance students, and make available on a publicly Education Act of 1965 (20 U.S.C. 1099b); or
education that are required by the Secretary accessible website of the institution, a de- (B) in the case of a public postsecondary
and the institution’s accrediting agency or scription of each covered arrangement with a vocational institution whose eligibility for
association under such paragraphs. non-title-IV institution or organization, in- Federal student assistance programs is being
(B) LOSS OF ELIGIBILITY.—An institution of cluding information on— determined by a State agency listed under
higher education that does not meet the re- (i) the portion of the educational program section 487(c)(4) of the Higher Education Act
quirements of subparagraph (A) shall cease that the institution of higher education is of 1965 (20 U.S.C. 1094(c)(4)), such a State
offering distance education programs until not providing; agency.
such time that such institution dem- (ii) the name and location of the non-title- (2) COVERED ARRANGEMENT WITH A FOREIGN
onstrates to the Secretary that the institu- IV institution or organization that is pro- INSTITUTION.—The term ‘‘covered arrange-
tion and each of its applicable programs viding such portion of the educational pro- ment with a foreign institution’’ means a
meet the requirements of subparagraph (A). gram; written arrangement entered into between
(c) REQUIREMENTS FOR CERTAIN COVERED (iii) the method of delivery of such portion an institution of higher education and a for-
ARRANGEMENTS.— of the educational program; and eign institution, on or after March 13, 2020,
(1) ACCREDITOR REVIEW FOR COVERED AR- (iv) the estimated additional costs stu- to provide an educational program.
RANGEMENTS WITH FOREIGN INSTITUTIONS.—An dents may incur as the result of enrolling in (3) COVERED ARRANGEMENT WITH A NON-
institution of higher education with a cov- an educational program that is provided TITLE-IV INSTITUTION OR ORGANIZATION.—The
ered arrangement with a foreign institution under the covered arrangement. term ‘‘covered arrangement with a non-title-
shall demonstrate to the Secretary that the (B) INSTITUTIONS WITH COVERED ARRANGE- IV institution or organization’’ means a
institution has commenced the evaluation MENTS WITH FOREIGN INSTITUTIONS.—In the written arrangement—
process with the institution’s accrediting case of an institution of higher education (A) to provide an educational program that
agency or association to determine, in a case with a covered arrangement with a foreign satisfies the requirements of section 668.8 of
in which the accrediting agency or associa- institution, the foreign institution in such title 34, Code of Federal Regulations (as such
tion has standards for the provision of edu- arrangement shall provide the information section is in effect on the date of enactment
cational services to another institution, described in subparagraph (A) regarding the of this Act) between an institution of higher
whether such covered arrangement meets covered arrangement in the same manner as education and an institution or organization
the standards. applies to an institution of higher education that is not eligible to participate in a pro-
(2) REPORTING TO THE SECRETARY.—Begin- with a covered arrangement with a non-title- gram under title IV;
ning not later than 30 days after the date of IV institution or organization subject to (B) entered into, or modified, on or after
enactment of this Act, the Secretary shall such subparagraph. March 13, 2020; and
require the following: (4) ENFORCEMENT.—The Secretary shall (C) through which the institution or orga-
(A) INSTITUTIONS WITH COVERED ARRANGE- take such enforcement actions under section nization that is not eligible to participate in
MENTS WITH NON-TITLE-IV INSTITUTIONS OR OR- 487(c) of the Higher Education Act of 1965 (20 a program under title IV will provide more
GANIZATIONS.—An institution of higher edu- U.S.C. 1094(c)) as necessary until such time than 25 percent, but less than 50 percent of
cation with a covered arrangement with a as an institution of higher education with a the educational program subject to the ar-
non-title-IV institution or organization shall covered arrangement subject to this sub- rangement.
report to the Secretary not later than 10 section can demonstrate that the institution (4) FOREIGN INSTITUTION.—The term ‘‘for-
days after the institution of higher edu- meets— eign institution’’ means an institution lo-
cation establishes or modifies such covered (A) the standards of the institution’s ac- cated outside the United States that is de-
arrangement— crediting agency or association for the con- scribed in paragraphs (1)(C) and (2) of section
(i) the name of the institution or organiza- tracting out of educational services; and 102(a) of the Higher Education Act of 1965 (20
tion that is not eligible to participate in a (B) in the case of an institution with a cov- U.S.C. 1002(a)).
program under title IV; ered arrangement with a foreign institution, (5) GUIDANCE OF THE SECRETARY ON DIS-
(ii) a summary of such arrangement, in- the standards, if applicable, of the accred- TANCE EDUCATION.—The term ‘‘guidance of
cluding the percentages and components of iting agency or association for the provision the Secretary on distance education’’ means
the educational program to be offered by the of educational services to another institu- the guidance of the Secretary entitled ‘‘UP-
institution of higher education and such in- tion. DATED Guidance for interruptions of study
stitution or organization; and (d) REQUIRED REPORTS.— related to Coronavirus (COVID–19)’’ dated
(iii) an attestation that the institution of (1) REPORTS BY ACCREDITING AGENCY OR AS- June 16, 2020 (or prior or succeeding guid-
higher education and such institution or or- SOCIATION.— ance).
ganization meet the requirements of section (A) IN GENERAL.—Not later than 15 business (6) INSTITUTION OF HIGHER EDUCATION.—The
668.5(c) of title 34, Code of Federal Regula- days after an accrediting agency or associa- term ‘‘institution of higher education’’ has
tions (as such section is in effect on the date tion completes the review of an institution the meaning given that term in section 102 of
of enactment of this Act), including the spe- of higher education subject to the require- the Higher Education Act of 1965 (20 U.S.C.
cific determination from the institution of ments of subsection (b) or (c), the accred- 1002).
higher education’s accrediting agency or as- iting agency or association shall publish a (7) PROGRAM UNDER TITLE IV.—The term
sociation that the institution’s arrangement report regarding the review. ‘‘program under title IV’’ means the fol-
meets the agency or association’s standards (B) REQUIREMENTS.—The report under sub- lowing programs under title IV of the Higher
for the contracting out of educational serv- paragraph (A) shall— Education Act of 1965 (20 U.S.C. 1070 et seq.):
ices. (i) be published on the website of the ac- (A) The Federal Pell Grant program under
(B) INSTITUTIONS WITH COVERED ARRANGE- crediting agency or association; and section 401 of such Act (20 U.S.C. 1070a).
MENTS WITH FOREIGN INSTITUTIONS.—An insti- (ii) include a summary of the conclusion (B) The Federal Supplemental Educational
tution of higher education with a covered ar- and the relevant findings that such agency Opportunity Grant program under subpart 3
rangement with a foreign institution shall or association provided such institution of of part A of such title IV (20 U.S.C. 1070b).
report to the Secretary— higher education in granting, as applicable— (C) The Federal work-study program under
(i) not later than 10 days after such institu- (I) the approval or denial for an institution part C of such title IV (20 U.S.C. 1087–51 et
tion establishes such covered arrangement— of higher education to deliver distance edu- seq.).
(I) the name of the foreign institution; and cation under subsection (b); or (D) The Federal Direct Loan program
(II) a summary of such arrangement, in- (II) the approval or denial of an institution under part D of such title IV (20 U.S.C. 1087a
cluding the percentages and components of of higher education to enter into or modify a et seq.).
the educational program to be offered by the written arrangement in accordance with sub- SEC. 125.REQUIREMENTS FOR TEACH-OUT
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institution of higher education and the for- section (c). PLANS AND TEACH-OUT AGREE-
eign institution; and (2) REPORTS BY SECRETARY.—By March 31, MENTS.
(ii) if applicable, not later than 10 days 2021, and quarterly thereafter, the Secretary (a) REQUIREMENTS.—
after the date on which the institution’s ac- shall provide the Committee on Health, Edu- (1) IN GENERAL.—Notwithstanding section
crediting agency or association provides its cation, Labor, and Pensions of the Senate 487(f)(2) of the Higher Education Act of 1965
determination to the institution in accord- and the Committee on Education and Labor (20 U.S.C. 1094(f)(2)), in the event an institu-
ance with paragraph (1), the determination of the House of Representatives, and publish tion of higher education, during the period
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6109
described in subsection (d), is required to provided by the closing institution with retary of Education and to any applicable
submit to its accrediting agency or associa- which the teach-out institution has entered State authorizing agencies of such institu-
tion a teach-out plan (in accordance with into the teach-out agreement; tion.
section 487(f) and section 496(c)(3) of such Act (iii) has not been subject to a sanction of (B) SUBMISSION OF PLAN OR AGREEMENT.—
(20 U.S.C. 1094(f); 1099b(c)(3))), or to submit a probation or equivalent or show cause by its Not later than 5 days after receiving ap-
teach-out agreement among institutions (in accrediting agency or association or any ap- proval from its accrediting agency or asso-
accordance with section 496(c)(6) of such Act plicable State authorizing or licensing agen- ciation of a teach-out plan or teach-out
(20 U.S.C. 1099b(c)(6))), the following shall cy in the past 5 years; and agreement, as applicable, the institution of
apply to such plans and agreements: (iv) shows no evidence of significant prob- higher education shall submit the approved
(A) The definitions and requirements de- lems (including financial stability or admin- plan or agreement to the Secretary of Edu-
scribed in this subsection. istrative capability) that affect the institu- cation and to any applicable State author-
(B) Any other applicable standards of the tion’s capacity to carry out its mission and izing agencies of such institution.
institution’s accrediting agency or associa- meet all obligations to enrolled students, (b) STANDARD LANGUAGE.—Not later than
tion. which shall include a showing that there is 60 days after the date of the enactment of
(C) Any other provisions the Secretary of no evidence of the conditions described in this section, the Secretary of Education
Education determines are necessary to pro- section 602.24(c)(8) of title 34, Code of Federal shall publish standard language relating to
tect the interests of the United States and to Regulations, as in effect on the date of en- closed school discharges for purposes of sub-
promote the purposes of this section. actment of this Act; and section (a)(5)(B)(v).
(2) CLOSING INSTITUTION DEFINED.—The (B) that the closing institution— (c) PROHIBITION ON MISREPRESENTATIONS.—
term ‘‘closing institution’’ means an institu- (i) provides the accrediting agency or asso- (1) IN GENERAL.—An institution of higher
tion of higher education— ciation and the Secretary a complete list of education is prohibited from engaging in
(A) that ceases to operate or plans to cease all students who are enrolled in each pro- misrepresentation about the nature of teach-
operations before all enrolled students have gram at the institution or who have with- out plans, teach-out agreements, and trans-
completed their program of study; or drawn from the institution within the last fer of credit.
(B) that has an institutional location 180 days, including each student’s name, con- (2) SANCTIONS.— Upon determination, after
that— tact information, program of study, the pro- reasonable notice and opportunity for a
(i) provides 100 percent of at least 1 pro- gram requirements each student has com- hearing, that an institution of higher edu-
gram offered by the institution of higher pleted, and the estimated date of completion cation is in violation of this subsection, the
education; and in the absence of the closure of such institu- Secretary of Education—
(ii) ceases to operate or plans to cease op- tion or institutional location; (A) shall impose a civil penalty not to ex-
erations before all enrolled students have (ii) provides to the accrediting agency or ceed $25,000 for each misrepresentation; and
completed their program of study. association and the Secretary, for each pro- (B) may impose an additional sanction de-
(3) TEACH-OUT PLANS.— gram of study at the closing institution, scribed in section 497(c)(3) of the Higher Edu-
(A) TEACH-OUT PLAN DEFINED.—The term records of any agreements pertaining to the cation Act of 1965 (20 U.S.C. 1094(c)(3)).
‘‘teach-out plan’’ means a written plan de- acceptance of students, transfer of credits, (d) COVERED PERIOD.—The provisions of
veloped by a closing institution that pro- articulation agreements, or waiver of pro- this section shall be in effect during the pe-
vides for the equitable treatment of stu- gram requirements between the closing in- riod beginning on the date of enactment of
dents. stitution and any other institutions of high- this Act and ending on the date on which on
(B) CONTENTS OF TEACH-OUT PLANS.—A er education; which sections 487(f) of the Higher Education
teach-out plan shall include a record-reten- (iii) provides a record-retention plan to all Act of 1965 (20 U.S.C. 1094(f)) or paragraphs
tion plan that includes— enrolled students that delineates the final (3) and (6) of section 493(c) of such Act (20
(i) a plan for the custody (including by any disposition of teach-out records, digitally U.S.C. 1098b(c)) are amended or repealed.
applicable State authorizing agencies), and where practicable, including student tran-
the disposition, of teach-out records that scripts, billing, financial aid records, and the Subtitle C—Federal Student Loan Relief
meets the requirements of paragraph amount of any unearned tuition, account PART 1—TEMPORARY RELIEF FOR
(5)(B)(iii); balances, student fees, and refunds due to FEDERAL STUDENT BORROWERS
(ii) an assurance that in the event of the each such student; SEC. 131. EXPANDING LOAN RELIEF TO ALL FED-
closure of the institution or an institutional (iv) releases all financial holds placed on ERAL STUDENT LOAN BORROWERS.
location of the institution, such institu- student records and, for the 3-year period be- Section 3502(a) of division A of the
tion— ginning on the date of the closure of such in- Coronavirus Aid, Relief, and Economic Secu-
(I) will meet the requirements of paragraph stitution or institutional location, provides rity Act (Public Law 116–136) is amended—
(5)(B)(iv); and each student (including each student who (1) by redesignating paragraphs (2) through
(II) will refund students the amount of any withdrew from such institution during the (5) as paragraphs (3) through (6), respec-
unearned tuition, account balances, and stu- 180-day period prior to the date of such clo- tively; and
dent fees, and refunds due; and sure) with the student’s official transcripts (2) by inserting after paragraph (1) the fol-
(iii) an estimate of the costs necessary to and complete academic records at no cost to lowing:
carry out such record-retention plan. the student; ‘‘(2) FEDERAL STUDENT LOAN.—The term
(4) TEACH-OUT AGREEMENT DEFINED.—The (v) provides students with information, ‘Federal student loan’ means a loan—
term ‘‘teach-out agreement’’ means a writ- using standard language developed by the ‘‘(A) made under part B, part D, or part E
ten agreement between a closing institution Secretary under subsection (b), regarding— of title IV of the Higher Education Act of
and one or more other institutions of higher (I) the benefits and consequences of choos- 1965 (20 U.S.C. 1071 et seq., 1087a et seq.,
education (in this section referred to as a ing to— 1087aa et seq.), and held by the Department
‘‘teach-out institution)’’ that— (aa) continue the student’s studies by of Education;
(A) provides for the equitable treatment of transferring to a teach-out institution; and ‘‘(B) made, insured, or guaranteed under
students and a reasonable opportunity for (bb) receive a closed school discharge part B of such title, or made under part E of
students to complete their program of study; under section 437(c)(1) and section 464(g)(1) of such title, and not held by the Department
and the Higher Education Act of 1965 (20 U.S.C. of Education; or
(B) meets the requirements in section 1087(c)(1); 1087dd(g)(1)); and ‘‘(C) made under—
496(c)(6) of the Higher Education Act of 1965 (II) if applicable, information on institu- ‘‘(i) subpart II of part A of title VII of the
(20 U.S.C. 1099b(c)(6)). tional and State refund policies; Public Health Service Act (42 U.S.C. 292q et
(5) APPROVAL OF TEACH-OUT AGREEMENTS.— (vi) provides students with information seq.); or
In approving a teach-out agreement, the ac- about additional tuition and fee charges, if ‘‘(ii) part E of title VIII of the Public
crediting agency or association shall deter- any, at the teach-out institution; and Health Service Act (42 U.S.C. 297a et seq.).’’.
mine a timeline for an interim teach-out (vii) provides students with accurate infor- SEC. 132. EXTENDING THE LENGTH OF BOR-
agreement and a final teach-out agreement mation on the number and types of credits ROWER RELIEF DUE TO THE
that provides for the equitable treatment of the teach-out institution is willing to accept CORONAVIRUS EMERGENCY.
students and ensures— prior to the student’s enrollment in that in- Section 3513 of division A of the
(A) that the teach-out institution— stitution or any other institution of higher Coronavirus Aid, Relief, and Economic Secu-
(i) to the extent practicable, is an institu- education with which the closing institution rity Act (Public Law 116–136) is amended—
tion of higher education that meets the re- has an articulation agreement. (1) by amending subsection (a) to read as
quirements of section 101 or section 102(c) of (6) SUBMISSION OF TEACH-OUT PLANS AND follows:
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the Higher Education Act of 1965 (20 U.S.C. TEACH-OUT AGREEMENTS.— ‘‘(a) SUSPENSION OF PAYMENTS.—
1001; 1002(c)); (A) SUBMISSION OF NOTICE.—Not later than ‘‘(1) IN GENERAL.—During the period begin-
(ii) has the necessary experience, re- 10 days after being required to submit a ning on March 13, 2020, and ending on Sep-
sources, and support services to provide an teach-out plan or teach-out agreement to its tember 30, 2021, the Secretary or, as applica-
educational program that is of acceptable accrediting agency or association, the insti- ble, the Secretary of Health and Human
quality and reasonably similar in content, tution of higher education shall submit a no- Services, shall suspend all payments due on
delivery modality, and scheduling to that tice of such plan or agreement to the Sec- Federal student loans.
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S6110 CONGRESSIONAL RECORD — SENATE October 19, 2020
‘‘(2) TRANSITION PERIOD.—For one addi- ‘‘(i) the repayment period of such loan; in section 674.2 of title 34, Code of Federal
tional 30-day period beginning on the day ‘‘(ii) any period excluded from the repay- Regulations (or successor regulations); or
after the last day of the suspension period ment period of such loan (including any pe- ‘‘(III) in the case of a Federal student loan
described in subsection (a), the Secretary or, riod of deferment or forbearance); defined in section 3502(a)(2)(C), has the mean-
as applicable, the Secretary of Health and ‘‘(iii) any period in which the borrower of ing given such term in section 721 or 835 of
Human Services, shall ensure that any such loan is in a grace period; or the Public Health Service Act (42 U.S.C. 292q,
missed payments on a Federal student loan ‘‘(iv) any period in which the borrower of 297a), as applicable.
by a borrower during such additional 30-day such loan is in default on such loan. ‘‘(ii) GRACE PERIOD.—The term ‘grace pe-
period— ‘‘(B) DIRECT LOANS AND DEPARTMENT OF riod’ means—
‘‘(A) do not result in collection fees or pen- EDUCATION HELD FFEL AND PERKINS LOANS.— ‘‘(I) in the case of a Federal student loan
alties associated with late payments; and For purposes of subparagraph (A), interest made, insured, or guaranteed under part B or
‘‘(B) are not reported to any consumer re- shall not accrue on a Federal student loan D of the Higher Education Act of 1965, the 6-
porting agency or otherwise impact the bor- defined in section 3502(a)(2)(A). month period after the date the student
rower’s credit history. ‘‘(C) FFEL AND PERKINS LOANS NOT HELD BY ceases to carry at least one-half the normal
‘‘(3) DETERMINATION OF COMPENSATION.— THE DEPARTMENT OF EDUCATION AND HHS full-time academic workload, as described in
The Secretary or, as applicable, the Sec- LOANS.—For purposes of subparagraph (A)— section 428(b)(7) of the Higher Education Act
retary of Health and Human Services shall— ‘‘(i) in the case of a Federal student loan of 1965 (20 U.S.C. 1078(b)(7));
‘‘(A) with respect to a holder of a Federal defined in section 3502(a)(2)(B), the Secretary ‘‘(II) in the case of a Federal student loan
student loan defined in subparagraph (B) or shall pay, on a monthly basis, the amount of made under part E of the Higher Education
(C) of section 3502(a)(2)— interest due on the unpaid principal of such Act of 1965, the 9-month period after the date
‘‘(i) determine any losses for such holder loan to the holder of such loan, except that on which a student ceases to carry at least
due to the suspension of payments on such any payments made under this clause shall one-half the normal full-time academic
loan under paragraph (1); and not affect payment calculations under sec- workload, as described in section 464(c)(1)(A)
‘‘(ii) establish reasonable compensation for tion 438 of the Higher Education Act of 1965 of the Higher Education Act of 1965 (20 U.S.C.
such losses; and (20 U.S.C. 1087–1); and 1087dd(c)(1)(A)); and
‘‘(B) not later than 60 days after the date of ‘‘(ii) in the case of a Federal student loan ‘‘(III) in the case of a Federal student loan
enactment of the Pandemic Education Re- defined in section 3502(a)(2)(C), the Secretary defined in section 3502(a)(2)(C), the 1-year pe-
sponse Act, with respect to a borrower who of Health and Human Services shall pay, on riod described in section 722(c) of the Public
made a payment on a Federal student loan a monthly basis, the amount of interest due Health Service Act (42 U.S.C. 292r(c)) or the
defined in subparagraph (B) or (C) of section on the unpaid principal of such loan to the 9-month period described in section 836(b)(2)
3502(a)(2) during the period beginning on holder of such loan. of such Act (42 U.S.C. 297b(b)(2)), as applica-
March 13, 2020, and ending on such date of en- ‘‘(D) PERIOD DESCRIBED.— ble.
actment, the Secretary shall pay to the bor- ‘‘(i) IN GENERAL.—The period described in ‘‘(iii) REPAYMENT PERIOD.—The term ‘re-
rower, an amount equal to the lower of— this clause is the period beginning on March payment period’ means—
‘‘(i) the amount paid by the borrower on 13, 2020, and ending on the later of— ‘‘(I) in the case of a Federal student loan
such loan during such period; or ‘‘(I) September 30, 2021; or made, insured, or guaranteed under part B or
‘‘(ii) the amount that was due on such loan ‘‘(II) the day following the date of enact- D of the Higher Education Act of 1965, the re-
during such period. ment of the Pandemic Education Response payment period described in section 428(b)(7)
‘‘(4) RECERTIFICATION.—A borrower who is Act that is 2 months after the national U–5 of the Higher Education Act of 1965 (20 U.S.C.
repaying a Federal student loan pursuant to measure of labor underutilization shows ini- 1078(b)(7));
an income-contingent repayment plan under tial signs of recovery. ‘‘(II) in the case of a Federal student loan
section 455(d)(1)(D) of the Higher Education ‘‘(ii) DEFINITIONS.—In this subparagraph: made under part E of the Higher Education
Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) or an in- ‘‘(I) NATIONAL U–5 MEASURE OF LABOR UN- Act of 1965, the repayment period described
come-based repayment plan under section DERUTILIZATION.—The term ‘national U–5 in section 464(c)(4) of the Higher Education
493C of such Act (20 U.S.C. 1098e) shall not be measure of labor underutilization’ means the Act of 1965 (20 U.S.C. 1087dd(c)(4)); or
required to recertify the income or family seasonally-adjusted, monthly U–5 measure of ‘‘(III) in the case of a Federal student loan
size of the borrower under such plan prior to labor underutilization published by the Bu- defined in section 3502(a)(2)(C), the repay-
December 31, 2021.’’; reau of Labor Statistics. ment period described in section 722(c) or
(2) in subsection (c), by striking ‘‘part D or ‘‘(II) INITIAL SIGNS OF RECOVERY.—The term 836(b)(2) of the Public Health Service Act (42
B of title IV of the Higher Education Act of ‘initial signs of recovery’ means that the av- U.S.C. 292r(c), 297b(b)(2)), as applicable.
1965 (20 U.S.C. 1087a et seq.; 1071 et seq.)’’ and erage national U–5 measure of labor under- ‘‘(2) INTEREST REFUND IN LIEU OF RETRO-
inserting ‘‘part B, D, or E of title IV of the utilization for months in the most recent 3- ACTIVE APPLICABILITY.—By not later than 60
Higher Education Act of 1965 (20 U.S.C. 1087a consecutive-month period for which data are days after the date of enactment of the Pan-
et seq.; 1071 et seq.; 1087aa et seq.)’’; available— demic Education Response Act, the Sec-
(3) in subsection (d), by striking ‘‘During ‘‘(aa) is lower than the highest value of the retary or, as applicable, the Secretary of
the period in which the Secretary suspends average national U–5 measure of labor under- Health and Human Services, shall, for each
payments on a loan under subsection (a), the utilization for a 3-consecutive-month period Federal student loan defined in subparagraph
Secretary’’ and inserting ‘‘During the period during the period beginning in March 2020 (B) or (C) of section 3502(a)(2) for which inter-
in which payments on a Federal student loan and the most recent month for which data est was not paid by such Secretary pursuant
are suspended under subsection (a), the Sec- from the Bureau of Labor Statistics are to paragraph (1) during the period beginning
retary or, as applicable, the Secretary of available by an amount that is equal to or on March 13, 2020 and ending on such date of
Health and Human Services’’; greater than one-third of the difference be- enactment—
(4) in subsection (e), by striking ‘‘During tween— ‘‘(A) determine the amount of interest due
the period in which the Secretary suspends ‘‘(AA) the highest value of the average na- (or that would have been due in the absence
payments on a loan under subsection (a), the tional U–5 measure of labor underutilization of being voluntarily paid by the holder of
Secretary’’ and inserting ‘‘During the period for a 3-consecutive-month period during such such loan) on such loan during the period be-
in which payments on a Federal student loan period; and ginning March 13, 2020, and ending on such
are suspended under subsection (a), the Sec- ‘‘(BB) the value of the average national U– date of enactment; and
retary or, as applicable, the Secretary of 5 measure of labor underutilization for the 3- ‘‘(B) refund the amount of interest cal-
Health and Human Services’’; and consecutive-month period ending in Feb- culated under subparagraph (A), by—
(5) in subsection (f), by striking ‘‘the Sec- ruary 2020; and ‘‘(i) paying the holder of the loan the
retary’’ and inserting ‘‘the Secretary or, as ‘‘(bb) has decreased for each month during amount of the interest calculated under sub-
applicable, the Secretary of Health and the most recent 2 consecutive months for paragraph (A), to be applied to the loan bal-
Human Services,’’. which data from the Bureau of Labor Statis- ance for the borrower of such loan; or
SEC. 133. NO INTEREST ACCRUAL. tics are available. ‘‘(ii) if there is no outstanding balance or
Section 3513(b) of division A of the ‘‘(E) OTHER DEFINITIONS.—In this para- payment due on the loan as of the date on
Coronavirus Aid, Relief, and Economic Secu- graph: which the refund is to be provided, providing
rity Act (Public Law 116–136) is amended to ‘‘(i) DEFAULT.—The term ‘default’— a payment in the amount of the interest cal-
read as follows: ‘‘(I) in the case of a Federal student loan culated under subparagraph (A) directly to
‘‘(b) PROVIDING INTEREST RELIEF.— made, insured, or guaranteed under part B or the borrower.
ctelli on DSK11ZRN23PROD with SENATE
‘‘(1) NO ACCRUAL OF INTEREST.— D of the Higher Education Act of 1965, has ‘‘(3) SUSPENSION OF INTEREST CAPITALIZA-
‘‘(A) IN GENERAL.—During the period de- the meaning given such term in section 435(l) TION.—
scribed in subparagraph (D), interest on a of the Higher Education Act of 1965 (20 U.S.C. ‘‘(A) IN GENERAL.—With respect to any
Federal student loan shall not accrue or 1085); Federal student loan, interest that accrued
shall be paid by the Secretary (or the Sec- ‘‘(II) in the case of a Federal student loan but had not been paid prior to March 13, 2020,
retary of Health and Human Services) dur- made under part E of the Higher Education and had not been capitalized as of such date,
ing— Act of 1965, has the meaning given such term shall not be capitalized.
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6111
‘‘(B) TRANSITION.—The Secretary or, as ap- ‘‘(ii) calculate the amount of any interest (D) calculate the total number of quali-
plicable, the Secretary of Health and Human due to the holder for reimbursement of inter- fying monthly payments with respect to the
Services, shall ensure that any interest on a est under subsection (b). component loans of the Federal Direct Con-
Federal student loan that had been capital- ‘‘(2) COORDINATION.—The Secretary shall solidation Loan that shall be deemed as
ized in violation of subparagraph (A) is cor- coordinate with the Secretary of Health and qualifying monthly payments made on such
rected and the balance of principal and inter- Human Services to carry out the provisions Federal Direct Consolidation Loan by—
est due for the Federal student loan is ad- of this section with respect to Federal stu- (i) adding together the result of each cal-
justed accordingly.’’. dent loans defined in section 3502(a)(2)(C).’’. culation made under subparagraph (C) with
SEC. 134. NOTICE TO BORROWERS. SEC. 136. EFFECTIVE DATE. respect to each such component loan; and
Section 3513(g) of division A of the Except as otherwise provided, this part, (ii) rounding the number determined under
Coronavirus Aid, Relief, and Economic Secu- and the amendments made by this part, shall clause (i) to the nearest whole number.
rity Act (Public Law 116–136) is amended— take effect as if enacted as part of the (3) DEFINITIONS.—For purposes of this sub-
(1) in the matter preceding paragraph (1), Coronavirus Aid, Relief, and Economic Secu- section:
by striking ‘‘the Secretary’’ and inserting rity Act (Public Law 116–136). (A) CERTIFICATION OF EMPLOYMENT.—The
‘‘the Secretary or, as applicable, the Sec- PART 2—CONSOLIDATION LOANS AND term ‘‘certification of employment’’, used
retary of Health and Human Services,’’; PUBLIC SERVICE LOAN FORGIVENESS with respect to a borrower, means a certifi-
(2) in paragraph (1)(D), by striking the pe- SEC. 137. SPECIAL RULES RELATING TO FEDERAL cation of the employment of the borrower in
riod and inserting a semicolon; DIRECT CONSOLIDATION LOANS. a public service job (as defined in section
(3) in paragraph (2)— (a) SPECIAL RULES RELATING TO FEDERAL 455(m)(3)(B) of the Higher Education Act of
(A) in the matter preceding subparagraph DIRECT CONSOLIDATION LOANS AND PSLF.— 1965) on or after October 1, 2007.
(A), by striking ‘‘August 1, 2020’’ and insert- (1) PUBLIC SERVICE LOAN FORGIVENESS OP- (B) COMPONENT LOAN.—The term ‘‘compo-
ing ‘‘August 1, 2021’’; and TION ON CONSOLIDATION APPLICATION.— nent loan’’, used with respect to a Federal
(B) by amending subparagraph (B) to read (A) IN GENERAL.—During the period de- Direct Consolidation Loan, means each loan
as follows: scribed in subsection (e), the Secretary for which the liability has been discharged
‘‘(B) that— shall— by the proceeds of the Federal Direct Con-
‘‘(i) a borrower of a Federal student loan (i) include, in any application for a Federal solidation Loan, which—
made, insured, or guaranteed under part B or Direct Consolidation Loan under part D of (i) may include a loan that is not an eligi-
D of title IV of the Higher Education Act of title IV of the Higher Education Act of 1965 ble Federal Direct Loan (as defined in sec-
1965 may be eligible to enroll in an income- (20 U.S.C. 1087a et seq,), an option for the tion 455(m)(3)(A) of the Higher Education Act
contingent repayment plan under section borrower to indicate that the borrower in- of 1965); and
455(d)(1)(D) of the Higher Education Act of tends to participate in the public service (ii) in the case of a subsequent consolida-
1965 (20 U.S.C. 1087e(d)(1)(D)) or an income- loan forgiveness program under section tion loan, only includes loans for which the
based repayment plan under section 493C of 455(m) of such Act (20 U.S.C. 1087e(m)); and liability has been directly discharged by
such Act (20 U.S.C. 1098e), including a brief (ii) for each borrower who submits an ap- such subsequent consolidation loan.
description of such repayment plans; and plication for a Federal Direct Consolidation (C) FEDERAL DIRECT CONSOLIDATION LOAN.—
‘‘(ii) in the case of a borrower of a Federal Loan, without regard to whether the bor- The term ‘‘Federal Direct Consolidation
student loan defined in section 3502(a)(2)(C) rower indicates the intention described in Loan’’ means a Federal Direct Consolidation
or made under part E of title IV of the High- clause (i)— Loan made under part D of title IV of the
er Education of 1965, the borrower may be el- (I) request that the borrower submit a cer- Higher Education Act of 1965 (20 U.S.C. 1087a
igible to enroll in such a repayment plan if tification of employment; and et seq.).
the borrower consolidates such loan with a (II) after receiving a complete certification (D) QUALIFYING MONTHLY PAYMENT.—
loan described in clause (i) of this subpara- of employment— (i) COMPONENT LOAN.—The term ‘‘quali-
graph, and receives a Federal Direct Consoli- (aa) carry out the requirements of para- fying monthly payment’’, used with respect
dation Loan under part D of the Higher Edu- graph (2); and to a component loan, means a monthly pay-
cation of 1965 (20 U.S.C. 1087a et seq.); and’’; (bb) inform the borrower of the number of ment on such loan made by a borrower, dur-
and qualifying monthly payments made on the ing a period of employment in a public serv-
(C) by adding at the end the following: component loans before consolidation that ice job (as defined in section 455(m)(3)(B) of
‘‘(3) in a case in which the accrual of inter- shall be deemed, in accordance with para- the Higher Education Act of 1965 (20 U.S.C.
est on Federal student loans is suspended graph (2)(D), to be qualifying monthly pay- 1087e(m)(3)(B)) on or after October 1, 2007,
under subsection (b)(1) beyond September 30, ments made on the Federal Direct Consolida- pursuant to—
2021, during the 2-month period beginning on tion Loan. (I) a repayment plan under part B, D, or E
the date on which the national U–5 measure (B) HOLD HARMLESS.—The Secretary may of title IV of the Higher Education Act of
of labor underutilization shows initial signs not change or otherwise rescind a calcula- 1965 (20 U.S.C. 1071 et seq.; 1087a et seq.;
of recovery (as such terms are defined in sub- tion made under paragraph (2)(D) after in- 1087aa et seq.); or
section (b)(1)(D)) carry out a program to pro- forming the borrower of the results of such (II) in the case of a loan made under sub-
vide not less than 6 notices by postal mail, calculation under subparagraph part II of part A of title VII of the Public
telephone, or electronic communication to (A)(ii)(II)(bb). Health Service Act or under part E of title
borrowers— (2) PROCESS TO DETERMINE QUALIFYING PAY- VIII of the Public Health Service Act, a re-
‘‘(A) indicating when the interest on Fed- MENTS FOR PURPOSES OF PSLF.—Upon receipt payment plan under title VII or VIII of such
eral student loans of the borrower will re- of a complete certification of employment Act.
sume accrual and capitalization; and under paragraph (1)(A)(ii)(II) of a borrower (ii) FEDERAL DIRECT CONSOLIDATION LOAN.—
‘‘(B) the information described in para- who receives a Federal Direct Consolidation The term ‘‘qualifying monthly payment’’,
graph (2)(B).’’. Loan described in paragraph (1)(A), the Sec- used with respect to a Federal Direct Con-
SEC. 135. IMPLEMENTATION. retary shall— solidation Loan, means a monthly payment
Section 3513 of division A of the (A) review the borrower’s payment history on such loan that counts as 1 of the 120
Coronavirus Aid, Relief, and Economic Secu- to identify each component loan of such Fed- monthly payments described in section
rity Act (Public Law 116–136), as amended by eral Direct Consolidation Loan; 455(m)(1)(A) of the Higher Education Act of
this part, is further amended by adding at (B) for each such component loan— 1965 (20 U.S.C. 1087e(m)(3)(B)).
the end the following: (i) calculate the weighted factor of the (b) SPECIAL RULES RELATING TO FEDERAL
‘‘(i) IMPLEMENTATION.— component loan, which shall be the factor DIRECT CONSOLIDATION LOANS AND ICR AND
‘‘(1) INFORMATION VERIFICATION.— that represents the portion of such Federal IBR.—
‘‘(A) IN GENERAL.—To facilitate implemen- Direct Consolidation Loan that is attrib- (1) IN GENERAL.—During the period de-
tation of this section, information for the utable to such component loan; and scribed in subsection (e), with respect to a
purposes described in subparagraph (B), shall (ii) determine the number of qualifying borrower who receives a Federal Direct Con-
be reported— monthly payments made on such component solidation Loan and who intends to repay
‘‘(i) by the holders of Federal student loans loan before consolidation; such loan under an income-contingent repay-
defined in section 3502(a)(2)(B) to the satis- (C) calculate the number of qualifying ment plan under section 455(d)(1)(D) of the
faction of the Secretary; and monthly payments determined under sub- Higher Education Act of 1965 (20 U.S.C.
‘‘(ii) by the holders of Federal student paragraph (B)(ii) with respect to a compo- 1087e(d)(1)(D)) or an income-based repayment
loans defined in section 3502(a)(2)(C) to the nent loan that shall be deemed as qualifying plan under section 493C of such Act (20 U.S.C.
satisfaction of the Secretary of Health and monthly payments made on the Federal Di- 1098e), the Secretary shall—
ctelli on DSK11ZRN23PROD with SENATE
Human Services. rect Consolidation Loan by multiplying— (A) review the borrower’s payment history
‘‘(B) PURPOSES.—The purposes of the infor- (i) the weighted factor of such component to identify each component loan of such Fed-
mation reported under subparagraph (A) are loan as determined under subparagraph eral Direct Consolidation Loan;
to— (B)(i), by (B) for each such component loan—
‘‘(i) verify, at the borrower level, the pay- (ii) the number of qualifying monthly pay- (i) calculate the weighted factor of the
ments that are provided or suspended under ments made on such component loan as de- component loan, which shall be the factor
this section; and termined under subparagraph (B)(ii); and that represents the portion of such Federal
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S6112 CONGRESSIONAL RECORD — SENATE October 19, 2020
Direct Consolidation Loan that is attrib- ment plan under section 493C of the Higher SEC. 138. TREATMENT OF PSLF.
utable to such component loan; and Education Act of 1965 (20 U.S.C. 1098e). (a) EXCEPTION FOR PURPOSES OF PSLF
(ii) determine the number of qualifying (c) NOTIFICATION TO BORROWERS.— LOAN FORGIVENESS.—Section 455(m)(1)(B) of
monthly payments made on such component (1) IN GENERAL.—During the period de- the Higher Education Act of 1965 (20 U.S.C.
loan before consolidation; scribed in subsection (e), the Secretary and 1087e(m)(1)(B)) shall apply as if clause (i)
(C) calculate the number of qualifying the Secretary of Health and Human Services were struck.
monthly payments determined under sub- shall undertake a campaign to alert bor- (b) HEALTH CARE PRACTITIONER.—In section
paragraph (B)(ii) with respect to a compo- rowers of a loan described in paragraph (2)— 455(m)(3)(B)(i) of the Higher Education Act of
(A) on the benefits of consolidating such 1965 (20 U.S.C. 1087e(m)(3)(B)(i)), the term
nent loan that shall be deemed as qualifying
‘‘full-time professionals engaged in health
monthly payments made on the Federal Di- loans into a Federal Direct Consolidation
care practitioner occupations’’ includes an
rect Consolidation Loan by multiplying— Loan, including the benefits of the special
individual who—
(i) the weighted factor of such component rules under subsections (a) and (b) of this
(1) has a full-time job as a health care
loan as determined under subparagraph section; and
practitioner;
(B)(i), by (B) under which servicers and holders of
(2) provides medical services in such full-
(ii) the number of qualifying monthly pay- Federal student loans shall provide to bor-
time job at a nonprofit hospital or public
ments made on such component loan as de- rowers such consumer information, and in
hospital or other nonprofit or public health
termined under subparagraph (B)(ii); and such manner, as determined appropriate by care facility; and
(D) calculate and inform the borrower of the Secretaries, based on conducting con- (3) is prohibited by State law from being
the total number of qualifying monthly pay- sumer testing to determine how to make the employed directly by such hospital or other
ments with respect to the component loans information as meaningful to borrowers as health care facility.
of the Federal Direct Consolidation Loan possible.
Subtitle D—Protecting Students
that shall be deemed as qualifying monthly (2) FEDERAL STUDENT LOANS.—A loan de-
scribed in this paragraph is— SEC. 141. NOTIFICATIONS AND REPORTING RE-
payments made on such Federal Direct Con- LATING TO HIGHER EDUCATION.
solidation Loan by— (A) a loan made under subpart II of part A
of title VII of the Public Health Service Act (a) NOTIFICATION OF NON-CARES ACT
(i) adding together the result of each cal- FLEXIBILITIES.—
culation made under subparagraph (C) with or under part E of title VIII of such Act; or
(1) NOTICE TO CONGRESS.—
respect to each such component loan; and (B) a loan made under part E of the Higher
(A) IN GENERAL.—Not later than two days
(ii) rounding the number determined under Education Act of 1965.
before the date on which the Secretary
clause (i) to the nearest whole number. (d) SPECIAL RULE FOR INTEREST ON FED-
grants a flexibility described in paragraph
(2) HOLD HARMLESS.—The Secretary may ERAL DIRECT CONSOLIDATION LOANS.—Any
(4), the Secretary shall—
not change or otherwise rescind a calcula- Federal Direct Consolidation Loan for which (i) submit to the authorizing committees a
tion made under paragraph (1)(D) after in- the application is received during the period written notification of the Secretary’s intent
forming the borrower of the results of such described in subsection (e), shall bear inter- to grant such flexibility; and
calculation under such paragraph. est at an annual rate as calculated under (ii) publish the notification on a publicly
(3) DEFINITIONS.—In this subsection: section 455(b)(8)(D) of the Higher Education accessible website of the Department of Edu-
(A) COMPONENT LOAN; FEDERAL DIRECT CON- Act of 1965 (20 U.S.C. 1087e(b)(8)(D)), without cation.
SOLIDATION LOAN.—The terms ‘‘component regard to the requirement to round the (B) ELEMENTS.—Each notification under
loan’’ and ‘‘Federal Direct Consolidation weighted average of the interest rate to the subparagraph (A) shall—
Loan’’ have the meanings given the terms in nearest higher one-eighth of one percent. (i) identify the provision of law, regula-
subsection (a). (e) PERIOD.—The period described in this tion, or subregulatory guidance to which the
(B) QUALIFYING PAYMENT.— clause is the period beginning on the date of flexibility will apply;
(i) COMPONENT LOANS.—Subject to clause enactment of this Act, and ending on the (ii) identify any limitations on the flexi-
(ii), the term ‘‘qualifying monthly pay- later of— bility, including any time limits;
ment’’, used with respect to a component (1) September 30, 2021; or (iii) identify the statutory authority under
loan, means a monthly payment on such (2) the day following the date of enactment which the flexibility is provided;
loan made by a borrower pursuant to— of this Act that is 2 months after the na- (iv) identify the class of covered entities to
(I) a repayment plan under part B, D, or E tional U–5 measure of labor underutilization which the flexibility will apply;
of title IV of the Higher Education Act of shows initial signs of recovery (as such (v) identify whether a covered entity will
1965 (20 U.S.C. 1071 et seq., 1087a et seq., terms are defined in section 3513(b) of the need to request the flexibility or whether the
1087aa et seq.); or Coronavirus Aid, Relief, and Economic Secu- flexibility will be applied without request;
(II) in the case of a loan made under sub- rity Act (Public Law 116–136), as amended by (vi) in the case of a flexibility that re-
part II of part A of title VII of the Public this Act)). quires a covered entity to request the flexi-
Health Service Act (42 U.S.C. 292q et seq.) or (f) GAO STUDY ON IMPLEMENTATION OF SPE- bility, identify the factors the Secretary will
under part E of title VIII of the Public CIAL RULES ON CONSOLIDATION.—Not later consider in approving or denying the flexi-
Health Service Act (42 U.S.C. 297a et seq.), a than 6 months after the date of enactment of bility;
repayment plan under title VII or VIII of this Act, the Comptroller General of the (vii) explain how the flexibility is expected
such Act. United States shall submit a report to the to benefit the covered entity or class of cov-
(ii) CLARIFICATION.— authorizing committees (defined in section ered entities to which it applies; and
(I) ICR.—For purposes of determining the 103 of the Higher Education Act of 1965 (20 (viii) explain the reasons the flexibility is
number of qualifying monthly payments U.S.C. 1003) on the implementation of this necessary and appropriate due to COVID–19.
made on a component loan pursuant to an section, which shall include— (2) QUARTERLY REPORTS.—Not later than 10
income-contingent repayment plan under (1) information on borrowers who apply for days after the end of each fiscal quarter for
section 455(d)(1)(D) of the Higher Education or receive a Federal Direct Consolidation the duration of the qualifying emergency
Act of 1965 (20 U.S.C. 1087e(d)(1)(D)), each Loan under part D of the Higher Education through the end of the first fiscal year begin-
month a borrower is determined to meet the Act of 1965 during the period described in ning after the conclusion of such qualifying
requirements of section 455(e)(7)(B)(i) of such subsection (e), disaggregated— emergency, the Secretary shall submit to
Act with respect to such loan shall be treat- (A) by borrowers who intend to participate the authorizing committees a report that in-
ed as such a qualifying monthly payment. in the public service loan forgiveness pro- cludes, with respect to flexibilities described
(II) IBR.—For purposes of determining the gram under section 455(m) of such Act (20 in paragraph (4) that have been issued by the
number of qualifying monthly payments U.S.C. 1087e(m)); and Secretary in the most recently ended fiscal
made on a component loan pursuant to an (B) by borrowers who intend to repay such quarter, the following:
income-based repayment plan under section loans on an income-contingent repayment (A) In the case of a flexibility that was
493C of such Act (20 U.S.C. 1098e), each month plan under section 455(d)(1)(D) of the Higher issued by the Secretary without request
a borrower was determined to meet the re- Education Act of 1965 (20 U.S.C. from a covered entity, an explanation of all
quirements of subsection (b)(7)(B) of such 1087e(d)(1)(D)) or an income-based repayment requirements, including reporting require-
section 493C with respect to such loan shall plan under section 493C of such Act (20 U.S.C. ments, that the Secretary imposed on the
be treated as such a qualifying monthly pay- 1098e); covered entity as a condition of the flexi-
ment. (2) the extent to which the Secretary has bility.
(iii) FEDERAL DIRECT CONSOLIDATION established procedures for carrying out sub- (B) In the case of a flexibility for which a
LOANS.—The term ‘‘qualifying monthly pay- sections (a) and (b); covered entity requested and received spe-
ctelli on DSK11ZRN23PROD with SENATE
ment’’, used with respect to a Federal Direct (3) the extent to which the Secretary and cific approval from the Secretary—
Consolidation Loan, means a monthly pay- the Secretary of Health and Human Services (i) identification of the covered entity that
ment on such loan that counts as a monthly have carried out the notification to bor- received the flexibility;
payment under an income-contingent repay- rowers required under subsection (c); and (ii) an explanation of the specific reasons
ment plan under section 455(d)(1)(D) of the (4) recommendations on improving the im- for approval of the request;
Higher Education Act of 1965 (20 U.S.C. plementation of this section to ensure in- (iii) a detailed description of the terms of
1087e(d)(1)(D)), or an income-based repay- creased borrower participation. the flexibility, including—
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6113
(I) a description of any limitations on the gram participation agreements with institu- (I) the total number of individual notifica-
flexibility; and tions of higher education under section 487 of tions sent to borrowers in accordance with
(II) identification of each provision of law the Higher Education Act of 1965 (20 U.S.C. such subsection, disaggregated by electronic,
(including regulation and subregulatory 1094), any provisional program participation postal, and telephonic notifications;
guidance) that is waived or modified and, for agreements entered into under such section, (II) the total number of notifications de-
each such provision, the statutory authority including— scribed in clause (i) that were sent within
under which the flexibility was provided; and (A) any provisions of such agreements that the 15-day period specified in such sub-
(iv) a copy of the final document granting were modified by the Department of Edu- section; and
the flexibility. cation; and (III) the actual costs to the Department of
(C) In the case of any request for a flexi- (B) the number of institutions of higher Education of making the notifications under
bility that was denied by the Secretary— education that received such modifications such subsection;
(i) identification of the covered entity or or entered into such provisional agreements, (ii) the projected costs to the Department
entities that were denied a flexibility; disaggregated by— of Education of making the notifications re-
(ii) a detailed description of the terms of (i) status as a four-year, two-year, or less- quired under subsection (g)(2) of such sec-
the request for the flexibility; and than-two-year public institution, private tion;
(iii) an explanation of the specific reasons nonprofit institution, or proprietary institu- (iii) the number of Federal student loan
for denial of the request. tion; and borrowers who have affirmatively opted-out
(3) REPORT ON FLEXIBILITIES GRANTED BE- (ii) each category of minority-serving in- of payment suspension under subsection (a)
FORE ENACTMENT.—Not later than 30 days stitution described in section 371(a) of the of such section;
after the date of enactment of this Act, the Higher Education Act (20 U.S.C. 1067q); and (iv) the number of individual notifications
Secretary shall submit to the authorizing (3) sample copies of program participation sent to employers directing the employers to
committees a report that— agreements (including provisional agree- halt wage garnishment pursuant to sub-
(A) identifies each flexibility described in ments), selected at random from among the section (e) of such section, disaggregated by
paragraph (4) that was granted by the Sec- agreements described in paragraph (2), in- electronic, postal, and telephonic notifica-
retary between March 13, 2020, and the date cluding at least one agreement from each tions;
of enactment of this Act; and type of institution (whether a public institu- (v) the number of Federal student loan bor-
(B) with respect to each such flexibility, tion, private nonprofit institution, or propri- rowers who have had their wages garnished
provides the information specified in para- etary institution) that received a modified pursuant to section 488A of the Higher Edu-
graph (1)(B). or provisional agreement. cation Act of 1965 (20 U.S.C. 1095a) or section
(4) FLEXIBILITY DESCRIBED.—A flexibility (d) REPORT TO CONGRESS.— 3720D of title 31, United States Code, between
described in this paragraph is modification (1) IN GENERAL.—Not later than 90 days March 13, 2020, and the date of the date of en-
or waiver of any provision of the Higher Edu- after the date of enactment of this Act, the actment of this Act;
cation Act of 1965 (20 U.S.C. 1001 et seq.) (in- Secretary shall submit to the authorizing (vi) the number of Federal student loan
cluding any regulation or subregulatory committees a report that includes the fol- borrowers subject to interest capitalization
guidance issued under such a provision) that lowing: as a result of consolidating Federal student
the Secretary determines to be necessary (A) A summary of the reports received by loans since March 13, 2020, and the total
and appropriate to modify or waive due to the Secretary under subsection (b). amount of such interest capitalization;
COVID–19, other than a provision of the (B) A description of— (vii) the average daily call wait times and
Higher Education Act of 1965 that the Sec- (i) the Secretary’s use of the authority call drop rates, disaggregated by student
retary is specifically authorized to modify or under section 3506 of the CARES Act (Public loan servicer, for the period between March
waive pursuant to the CARES Act (Public Law 116–136) to adjust subsidized loan usage 13, 2020, and the date of enactment of this
Law 116–136). limits, including the total number of stu- Act; and
(5) PRIVACY.—The Secretary shall ensure dents and the total amount of subsidized (viii) the estimated or projected savings to
that any report or notification submitted loans under title IV of the Higher Education the Department of Education for student
under this subsection does not reveal person- Act of 1965 (20 U.S.C. 1070 et seq.) affected by loan servicing activities for the period begin-
ally identifiable information about an indi- the Secretary’s use of such authority; ning on March 13, 2020, and ending on Sep-
vidual student. (ii) the Secretary’s use of the authority tember 30, 2020, due to lower reimbursement
(6) RULE OF CONSTRUCTION.—Nothing in this under section 3507 of the CARES Act (Public or contract costs per account for student
subsection shall be construed to authorize Law 116–136) to exclude certain periods from loan servicers and private collection agen-
the Secretary to waive or modify any provi- the Federal Pell Grant duration limit, in- cies resulting from the suspension of Federal
sion of law. cluding the total number of students and the student loan payments and halt to collection
(b) REPORTS ON EXERCISE OF CARES ACT total amount of Federal Pell Grants under activities under the CARES Act (Public Law
WAIVERS BY INSTITUTIONS OF HIGHER EDU- section 401 of the Higher Education Act of 116–136).
CATION.—Not later than 30 days after the (E) Information relating to the special
1965 (20 U.S.C. 1070a) affected by the Sec-
date of enactment of this Act, each institu- retary’s use of such authority; and rules relating to Federal Direct Consolida-
tion of higher education that exercises an tion Loans under section 137 of this Act, in-
(iii) the Secretary’s use of the authority
authority provided under section 3503(b), sec- cluding—
under section 3508 of the CARES Act (Public
tion 3504, section 3505, section 3508(d), section (i) the number of borrowers who submitted
Law 116–136) to waive certain requirements
3509, or section 3517(b) of the CARES Act an application for a Federal Direct Consoli-
for the return of Federal funds, including—
(Public Law 116–136) shall submit to the Sec- dation Loan;
retary a report that describes the nature and (I) in the case of waivers issued to students
under such section, the total number of stu- (ii) the number of borrowers who received
extent of the institution’s exercise of such a Federal Direct Consolidation Loan; and
authorities, including the number of stu- dents and the total amount of aid under title
IV of the Higher Education Act of 1965 (20 (iii) the wait time between submitting an
dents and amounts of aid provided under application and receiving a Federal Direct
title IV of the Higher Education Act of 1965 U.S.C. 1070 et seq.) affected by the Sec-
retary’s use of such authority; and Consolidation Loan.
(20 U.S.C. 1070 et seq.) affected by the exer-
(II) in the case of waivers issued to institu- (F) A summary of the information required
cise of such authorities, as applicable.
(c) REPORTS ON CHANGES TO CONTRACTS AND tions of higher education under such section, to be reported to the authorizing committees
AGREEMENTS.—Not later than 10 days after the total number of students and the total under section 3517(c) and section 3518(c) of
the end of each fiscal quarter for the dura- amount of aid under title IV of the Higher the CARES Act (Public Law 116–136), as
tion of the qualifying emergency through the Education Act of 1965 (20 U.S.C. 1070 et seq.) amended by this Act, regardless of whether
end of the first fiscal year beginning after affected by the Secretary’s use of such au- such information has previously been re-
the conclusion of such qualifying emergency, thority. ported to such committees as of the date of
the Secretary shall submit to the author- (C) A summary of the information required the report under this subsection.
izing committees a report that includes, for to be reported to the authorizing committees (G) A copy of any communication from the
the most recently ended fiscal quarter— under sections 3510 and 3512 of the CARES Department of Education to grantees and
(1) a summary of all modifications to any Act (Public Law 116–136), as amended by this Federal student loan borrowers eligible for
contracts with Department of Education Act, regardless of whether such information rights and benefits under section 3519 of the
contractors relating to Federal student has previously been reported to such com- CARES Act (Public Law 116–136) to inform
loans, including— mittees as of the date of the report under such grantees and borrowers of their eligi-
(A) the contractual provisions that were this subsection. bility for such rights and benefits.
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modified; (D) Information relating to the temporary (2) DUTY OF HHS.—The Secretary of Health
(B) the names of all contractors affected by relief for Federal student loan borrowers pro- and Human Services shall provide to the Sec-
the modifications; and vided under section 3513 of the CARES Act retary of Education the information nec-
(C) estimates of any costs or savings re- (Public Law 116–136), including— essary for the Secretary of Education to
sulting from the modifications; (i) with respect to the notifications re- comply with paragraph (1)(D).
(2) a summary of all amendments, quired under subsection (g)(1) of such sec- (e) AMENDMENTS TO CARES ACT REPORTING
addendums, or other modifications to pro- tion— REQUIREMENTS.—
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S6114 CONGRESSIONAL RECORD — SENATE October 19, 2020
(1) REPORTING REQUIREMENT FOR HBCU CAP- (b) NOTICE OF INCENTIVE PAYMENT BAN.— TITLE III—CAREER, TECHNICAL, AND
ITAL FINANCING LOAN DEFERMENT.—Section During the covered period, each institution ADULT EDUCATION
3512(c) of the CARES Act (Public Law 116– of higher education participating in a pro- SEC. 301. DEFINITIONS.
136) is amended by striking the period at the gram under title IV of the Higher Education In this subtitle:
end and inserting ‘‘, the terms of the loans Act of 1965 (20 U.S.C. 1070 et seq.) shall— (1) CORONAVIRUS.—The term ‘‘coronavirus’’
deferred, and the schedule for repayment of (1) provide notice of the ban on prohibited means coronavirus as defined in section 506
the deferred loan amount.’’. incentive payment (including commissions of the Coronavirus Preparedness and Re-
(2) REPORTING REQUIREMENT FOR INSTITU- and bonuses) under section 487(a)(20) of such sponse Supplemental Appropriations Act,
TIONAL AID MODIFICATIONS.—Section 3517(c) of Act (20 U.S.C. 1094(a)(20)) (and accompanying 2020 (Public Law 116–123).
the CARES Act (Public Law 116–136) is regulations) upon hiring an employee or en- (2) COVID–19 NATIONAL EMERGENCY.—The
amended by striking the period at the end tering into a contract with a third party term ‘‘COVID–19 national emergency’’ means
and inserting ‘‘, identifies the statutory pro- contractor, and at least once per calendar the national emergency declared by the
vision waived or modified, and describes the year to employees and third-party contrac- President under the National Emergencies
terms of the waiver or modification received tors of the institution; and Act (50 U.S.C. 1601 et seq.) on March 13, 2020,
by the institution.’’. (2) publish a clear statement in all internal with respect to the coronavirus.
(3) REPORTING REQUIREMENT FOR GRANT recruitment materials, including guides or SEC. 302. COVID–19 CAREER AND TECHNICAL
MODIFICATIONS.—Section 3518(c) of the manuals, acknowledging such ban. EDUCATION RESPONSE FLEXI-
CARES Act (Public Law 116–136) is amended (c) SUNSET.—For purposes of this section, BILITY.
by striking the period at the end and insert- the term ‘‘covered period’’ means the period (a) POOLING OF FUNDS.—An eligible recipi-
ing ‘‘and describes the terms of the modifica- beginning on the date of enactment of this ent may, in accordance with section 135(c) of
tion received by the institution or other Act and ending on the date on which subpart the Carl D. Perkins Career and Technical
grant recipient.’’. 3 of part H of title IV of the Higher Edu- Education Act of 2006 (20 U.S.C. 2355(c)), pool
(f) DEFINITIONS.—In this section: cation (20 U.S.C. 1099c) is amended or re- a portion of funds received under such Act
(1) The term ‘‘covered entity’’ means an in- pealed.
with a portion of funds received under such
stitution of higher education, a Federal con- TITLE II—IMPACT AID AND MIGRANT Act available to one or more eligible recipi-
tractor, a student, or any other entity that EDUCATION CORONAVIRUS RELIEF ents to support the transition from sec-
is subject to the Higher Education Act of SEC. 201. IMPACT AID. ondary education to postsecondary edu-
1965 (20 U.S.C. 1001 et seq.). Due to the national emergency declared by cation or employment for CTE participants
(2) The term ‘‘Federal student loan’’ means the President under the National Emer- whose academic year was interrupted by the
a loan described in section 3502(a)(2) of the gencies Act (50 U.S.C. 1601 et seq.) on March COVID–19 national emergency.
CARES Act (Public Law 116–136), as amended 13, 2020, with respect to the coronavirus, and (b) PROFESSIONAL DEVELOPMENT.—During
by this Act. notwithstanding sections 7002(j) and 7003(c) the COVID–19 national emergency, section
SEC. 142. PROTECTING STUDENTS FROM PREDA-
of the Elementary and Secondary Education 3(40)(B) of the Carl D. Perkins Career and
TORY RECRUITMENT. Act of 1965 (20 U.S.C. 7702(j), 7703(c)), a local Technical Education Act of 2006 (20 U.S.C.
educational agency desiring to receive a pay- 2302(40)(B)) shall apply as if ‘‘sustained (not
(a) UNDERCOVER AND AUDIT-BASED INVES-
ment under section 7002 or 7003 of such Act stand-alone, 1-day, or short-term work-
TIGATIONS.—During the covered period, in
(20 U.S.C. 7702, 7703) for fiscal year 2022 that shops), intensive, collaborative, job-embed-
carrying out the provisions of subpart 3 of
also submitted an application for such pay- ded, data-driven, and classroom-focused,’’
part H of title IV of such Act (20 U.S.C. 1099c ment for fiscal year 2021 shall, in the applica-
et seq.), including paragraphs (1) and (2) of were struck.
tion submitted under section 7005 of such Act (c) DEFINITIONS.—Except as otherwise pro-
section 498A(a) of the Higher Education Act (20 U.S.C. 7705) for fiscal year 2022—
of 1965 (20 U.S.C. 1099c–1(a)), the Secretary of vided, the terms in this section have the
(1) with respect to a requested payment meanings given the terms in section 3 of the
Education shall— under section 7002 of such Act (20 U.S.C.
(1) conduct regular undercover and audit- Carl D. Perkins Career and Technical Edu-
7702)— cation Act of 2006 (20 U.S.C. 2302).
based investigations for the purpose of en- (A) use the data described in subsection (j)
couraging the ethical treatment of students SEC. 303. ADULT EDUCATION AND LITERACY RE-
of such section 7002 relating to calculating SPONSE ACTIVITIES.
and prospective students and detecting fraud such payment that was submitted by the
and abuse in the Federal student aid pro- (a) ONLINE SERVICE DELIVERY OF ADULT
local educational agency in the application EDUCATION AND LITERACY ACTIVITIES.—Dur-
grams, including— for fiscal year 2021; or
(A) violations described in section 487(c)(3) ing the COVID–19 national emergency, an el-
(B) use the data relating to calculating igible agency may use funds available to
of the Higher Education Act of 1965 (20 U.S.C. such payment for the fiscal year required
1094(c)(3)); such agency under paragraphs (2) and (3) of
under such subsection (j); and section 222(a) of the Workforce Innovation
(B) violations of section 487(a)(20) of such (2) with respect to a requested payment
Act (20 U.S.C. 1094(a)(20)); and Opportunity Act (20 U.S.C. 3302(a)) for
under section 7003 of such Act (20 U.S.C. the administrative expenses of the eligible
(C) violations described in subparagraphs 7703)—
(A) and (B) by any entity with which the in- agency related to transitions to online serv-
(A) use the student count data relating to ice delivery of adult education and literacy
stitution has contracted for student recruit- calculating such payment that was sub-
ment or admission activities; and activities.
mitted by the local educational agency in (b) DEFINITIONS.—Except as otherwise pro-
(D) violations of subsection (b) of this sec- the application for fiscal year 2021, except
tion; vided, the terms in this section have the
that payments for fiscal year 2022 shall be meanings given the terms in section 203 of
(2) develop written guidelines for the inves- calculated by the Secretary using the ex-
tigations described in paragraph (1)— the Workforce Innovation and Opportunity
penditures and rates described in clauses (i), Act (29 U.S.C. 3272).
(A) in accordance with commonly-accepted (ii), (iii), and (iv) of subsection (b)(1)(C) of
practices for undercover operations by Office TITLE IV—DISABILITY EMPLOYMENT
such section 7003 that would otherwise apply
of Inspector General of the Department of for fiscal year 2022; or SEC. 401. REHABILITATION ACT WAIVERS.
Education; and (B) use the student count data relating to (a) PROVISIONS ELIGIBLE FOR WAIVER.—The
(B) in consultation with other relevant calculating such payment for the fiscal year following provisions of the Rehabilitation
agencies, including the Department of Jus- required under subsection (c) of such section Act of 1973 (29 U.S.C. 701 et seq.) are eligible
tice, Federal Trade Commission, Consumer 7003. for waivers due to the national emergency
Financial Protection Bureau, and the Office SEC. 202. EDUCATION OF MIGRATORY CHILDREN. declared by the President under the National
of Inspector General of the Department of Due to the national emergency declared by Emergencies Act (50 U.S.C. 1601 et seq.) on
Education; the President under the National Emer- March 13, 2020, with respect to the
(3) ensure that institutions found in viola- gencies Act (50 U.S.C. 1601 et seq.) on March coronavirus:
tion of the provisions under paragraph (1) 13, 2020, with respect to the coronavirus, and (1) The Secretary of Education may pro-
shall be subject to a sanction determined by notwithstanding subsections (a)(1) and (f)(1) vide a waiver of section 103(b)(1) to allow the
the Secretary of Education under section of section 1303 of the Elementary and Sec- replacement of expired or spoiled food prod-
487(c) of the Higher Education Act of 1965 (20 ondary Education Act of 1965 (20 U.S.C. 6393), ucts at vending facilities.
U.S.C. 1094(c)); and for the purposes of making determinations (2) The Secretary of Education may pro-
(4) provide to the authorizing committees under subsections (a)(1) and (f) of such sec- vide a waiver of the service obligation re-
(as defined in section 103 of the Higher Edu- tion 1303 for fiscal year 2021 and all subse- quirement under section 302(b) due to inter-
cation Act of 1965 (20 U.S.C. 1003)), and make quent fiscal years for which school year 2019– rupted service obligations.
ctelli on DSK11ZRN23PROD with SENATE
available to the public, an annual report 2020 data would be used in the calculations (b) DURATION.—A waiver approved by the
on— under section 1303(a)(1) of such Act (20 U.S.C. Secretary under subsection (a) shall expire
(A) the findings of investigations described 6393(a)(1)) , the Secretary of Education shall on the earlier of the following dates:
in paragraph (1); and use school year 2018–2019 or school year 2019– (1) The date that is 1 year after the date of
(B) the applicable sanctions imposed on in- 2020 data, whichever data are greater, wher- the enactment of this Act.
stitutions found in violation of the provi- ever school year 2019–2020 data otherwise (2) The last day of the national emergency
sions described in paragraph (1). would be required. referred to in subsection (a).
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6115
(c) STREAMLINED PROCESS.—The Secretary SEC. 104. EMERGENCY LEAVE DEFINITIONS. ‘‘(bb) requires or makes optional a hybrid
of Education shall create a streamlined ap- (a) ELIGIBLE EMPLOYEE.—Section 110(a)(1) of in-person and virtual learning instruction
plication process to request a waiver under is amended in subparagraph (A), by striking models.
this section, and the Secretary may grant ‘‘sections 101(2)(A) and 101(2)(B)(ii)’’ and in- ‘‘(vi) To care for a family member who is
such waiver if the Secretary determines that serting ‘‘section 101(2)’’. incapable of self-care because of a mental or
the waiver is necessary and appropriate. (b) EMPLOYER THRESHOLD.—Section physical disability or is a senior citizen,
(d) LIMITATION.—Nothing in this section 110(a)(1)(B) is amended by striking ‘‘fewer without regard to whether another indi-
shall be construed to allow the Secretary to than 500 employees’’ and inserting ‘‘1 or vidual other than the employee is available
waive any statutory or regulatory require- more employees’’. to care for such family member, if the place
ments under applicable civil rights laws. of care for such family member is closed or
(e) REPORTING AND PUBLICATION.— (c) PARENT.—Section 110(a)(1) is amended
by adding at the end the following: the direct care provider is unavailable due to
(1) PUBLIC NOTICE.—A State requesting a COVID–19.’’.
waiver under this section shall provide the ‘‘(C) PARENT.—In lieu of the definition in
public notice of, and the opportunity to com- section 101(7), the term ‘parent’, with respect (e) FAMILY MEMBER.—Section 110(a)(2) is
ment on, the request by posting on the State to an employee, means any of the following: amended by adding at the end the following:
website information regarding the waiver re- ‘‘(i) A biological, foster, or adoptive parent ‘‘(E) FAMILY MEMBER.—The term ‘family
quest and the process for commenting. of the employee. member’, with respect to an employee,
(2) NOTIFYING CONGRESS.—Not later than 7 ‘‘(ii) A stepparent of the employee. means any of the following:
days after— ‘‘(iii) A parent-in-law of the employee. ‘‘(i) A parent of the employee.
(A) receiving a waiver request from a State ‘‘(iv) A parent of a domestic partner of the ‘‘(ii) A spouse of the employee.
under this section, the Secretary of Edu- employee. ‘‘(iii) A sibling of the employee.
cation shall notify the Committee on Health, ‘‘(v) A legal guardian or other person who ‘‘(iv) Next of kin of the employee or a per-
Education, Labor, and Pensions of the Sen- stood in loco parentis to an employee when son for whom the employee is next of kin.
ate, the Committee on Appropriations of the the employee was a child.’’. ‘‘(v) A son or daughter of the employee.
Senate, the Committee on Education and (d) QUALIFYING NEED RELATED TO A PUBLIC ‘‘(vi) A grandparent or grandchild of the
Labor of the House of Representatives, and HEALTH EMERGENCY.—Section 110(a)(2)(A) is employee.
the Committee on Appropriations of the amended to read as follows: ‘‘(vii) A domestic partner of the employee.
House of Representatives of such waiver re- ‘‘(A) QUALIFYING NEED RELATED TO A PUBLIC ‘‘(viii) Any other individual related by
quest; and HEALTH EMERGENCY.—The term ‘qualifying blood or affinity whose close association
(B) granting a waiver under this section, need related to a public health emergency’, with the employee is the equivalent of a fam-
the Secretary of Education shall notify the with respect to leave, means that the em- ily relationship.
Committee on Health, Education, Labor, and ployee is unable to perform the functions of ‘‘(F) DOMESTIC PARTNER.—
Pensions of the Senate, the Committee on the position of such employee due to a need ‘‘(i) IN GENERAL.—The term ‘domestic part-
Appropriations of the Senate, the Committee for leave for any of the following: ner’, with respect to an individual, means
on Education and Labor of the House of Rep- ‘‘(i) To self-isolate because the employee is another individual with whom the individual
resentatives, and the Committee on Appro- diagnosed with COVID–19. is in a committed relationship.
priations of the House of Representatives of ‘‘(ii) To obtain a medical diagnosis or care ‘‘(ii) COMMITTED RELATIONSHIP DEFINED.—
such waiver. if such employee is experiencing the symp- The term ‘committed relationship’ means a
(3) PUBLICATION.—Not later than 30 days toms of COVID–19. relationship between 2 individuals, each at
after granting a waiver under this section, ‘‘(iii) To comply with a recommendation or least 18 years of age, in which each indi-
the Secretary of Education shall publish a order by a public official with jurisdiction or vidual is the other individual’s sole domestic
notice of the Secretary’s decision (including a health care provider to self isolate, with- partner and both individuals share responsi-
which waiver was granted and the reason for out regard to whether such recommendation bility for a significant measure of each oth-
granting the waiver) in the Federal Register or order is specific to the employee, on the er’s common welfare. The term includes any
and on the website of the Department of basis that the physical presence of the em- such relationship between 2 individuals that
Education. ployee on the job would jeopardize the em- is granted legal recognition by a State or po-
DIVISION C—PROTECTION FOR FAMILIES ployee’s health, the health of other employ- litical subdivision of a State as a marriage
AND WORKERS ees, or the health of an individual in the or analogous relationship, including a civil
TITLE I—AMENDMENTS TO EMERGENCY household of the employee because of— union or domestic partnership.’’.
FAMILY AND MEDICAL LEAVE EXPAN- ‘‘(I) the possible exposure of the employee SEC. 105. REGULATORY AUTHORITIES.
SION ACT AND EMERGENCY PAID SICK to COVID–19; or (a) IN GENERAL.—Section 110(a) is amended
LEAVE ACT ‘‘(II) exhibition of symptoms of COVID–19 by striking paragraph (3).
Subtitle A—Emergency Family and Medical by the employee.
(b) FORCE OR EFFECT OF REGULATIONS.—
Leave Expansion Act Amendments ‘‘(iv) To care for or assist a family member
Any regulation issued under section 110(a)(3),
of the employee, without regard to whether
SEC. 101. REFERENCES. as in effect on the day before the date of the
another individual other than the employee
Except as otherwise expressly provided, enactment of this Act, shall have no force or
is available to care for or assist such family
whenever in this subtitle an amendment or effect.
member, because—
repeal is expressed in terms of an amend- SEC. 106. PAID LEAVE.
ment to, or repeal of, a section or other pro- ‘‘(I) such family member—
vision, the reference shall be considered to ‘‘(aa) is self-isolating because such family Section 110(b) of the Family and Medical
be made to a section or other provision of member has been diagnosed with COVID–19; Leave Act of 1993 is amended—
the Family and Medical Leave Act of 1993 (29 or (1) in the heading, by striking ‘‘Relation-
U.S.C. 2601 et seq.), as amended by the Emer- ‘‘(bb) is experiencing symptoms of COVID– ship to’’;
gency Family and Medical Leave Expansion 19 and needs to obtain medical diagnosis or (2) by amending paragraph (1) to read as
Act (Public Law 116–127). care; or follows:
SEC. 102. EMPLOYEE ELIGIBILITY AND EM- ‘‘(II) a public official with jurisdiction or a ‘‘(1) EMPLOYEE ELECTION.—
PLOYER CLARIFICATION. health care provider makes a recommenda- ‘‘(A) IN GENERAL.—An employee may elect
(a) EMPLOYEE ELIGIBILITY.—Section 101(2) tion or order with respect to such family to substitute any vacation leave, personal
is amended by adding at the end the fol- member, without regard to whether such de- leave, or medical or sick leave for paid leave
lowing: termination is specific to such family mem- under section 102(a)(1)(F) in accordance with
‘‘(F) ALTERNATIVE ELIGIBILITY FOR COVID–19 ber, that the presence of the family member section 102(d)(2)(B).
PUBLIC HEALTH EMERGENCY .—For the period in the community would jeopardize the ‘‘(B) EMPLOYER REQUIREMENT.—An em-
beginning on the date of the enactment of health of other individuals in the community ployer may not require an employee to sub-
The Heroes Act and ending on December 31, because of— stitute any leave described in subparagraph
2022— ‘‘(aa) the possible exposure of such family (A) for leave under section 102(a)(1)(F).
‘‘(i) subparagraph (A)(i) shall be applied by member to COVID–19; or ‘‘(C) RELATIONSHIP TO OTHER FAMILY AND
substituting ‘90 days’ for ‘12 months’; and ‘‘(bb) exhibition of symptoms of COVID–19 MEDICAL LEAVE.—Leave taken under subpara-
‘‘(ii) subparagraph (A)(ii) shall not apply.’’. by such family member. graph (F) of section 102(a)(1) shall not count
(b) EMPLOYER CLARIFICATION.—Section ‘‘(v) To care for the son or daughter of such towards the 12 weeks of leave to which an
101(4) is amended by adding at the end the employee if, due to COVID–19— employee is entitled under subparagraphs (A)
following: ‘‘(I) the child care provider of such son or through (E) of such section.
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‘‘(C) CLARIFICATION.—Subparagraph (A)(i) daughter is unavailable; ‘‘(D) RELATIONSHIP TO LIMITATION.—PRE-
shall not apply with respect to a public agen- ‘‘(II) the school or place of care of such son SUMPTION OF ELIGIBILITY FOR for any
cy described in subparagraph (A)(iii).’’. or daughter is closed; or vacation leave, personal leave, or medical or
SEC. 103. EMERGENCY LEAVE EXTENSION. ‘‘(III) the school of such son or daughter— sick leave that is substituted for leave under
Section 102(a)(1)(F) is amended by striking - section 102(a)(1)(F) shall not count toward
‘‘December 31, 2020’’ and inserting ‘‘February ‘‘(aa) requires or makes optional a virtual the limitation under paragraph (2)(B)(ii).’’;
28, 2021’’. learning instruction model; or and
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S6116 CONGRESSIONAL RECORD — SENATE October 19, 2020
(3) in paragraph (2)(A), by striking ‘‘that (1) by striking ‘‘—’’ after ‘‘amended’’; (g) LEAVE TRANSFER TO NEW EMPLOYER.—
an employee takes’’ and all that follows (2) by striking paragraph (1); and Section 5102 is further amended by adding at
through ‘‘10 days’’. (3) by striking ‘‘(2)’’ before ‘‘by adding at the end the following:
SEC. 107. WAGE RATE. the end’’. ‘‘(j) LEAVE TRANSFER TO NEW EMPLOYER.—
Section 110(b)(2)(B) is amended— SEC. 113. AMENDMENTS TO THE EMERGENCY A covered employee who begins employment
(1) by amending clause (i)(I) to read as fol- FAMILY AND MEDICAL LEAVE EX- with a new covered employer shall be enti-
lows: PANSION ACT. tled to the full amount of leave under sec-
‘‘(I) an amount that is not less than the The Emergency Family and Medical Leave tion 5102 with respect to such employer.’’.
greater of— Expansion Act (Public Law 116–127) is (h) RESTORATION TO POSITION.—
‘‘(aa) the minimum wage rate in effect amended— (1) IN GENERAL.—Section 5102 is further
under section 6(a)(1) of the Fair Labor Stand- (1) in section 3103(b), by striking ‘‘Employ- amended by adding at the end the following:
ards Act of 1938 (29 U.S.C. 206(a)(1)); ees’’ and inserting, ‘‘Notwithstanding sec- ‘‘(k) RESTORATION TO POSITION.—Any cov-
‘‘(bb) the minimum wage rate in effect for tion 102(a)(1)(A) of the Family and Medical ered employee who takes paid sick time
such employee in the applicable State or lo- Leave Act of 1993 (29 U.S.C. 2612(a)(1)(A)), under this section, on return from such paid
cality, whichever is greater, in which the employees’’; and sick time, shall be entitled—
employee is employed; or (2) by striking sections 3104 and 3105. ‘‘(1) to be restored by the employer to the
‘‘(cc) two thirds of an employee’s regular Subtitle B—Emergency Paid Sick Leave Act position of employment held by the em-
rate of pay (as determined under section 7(e) Amendments ployee when the leave commenced; or
of the Fair Labor Standards Act of 1938 (29 SEC. 121. REFERENCES. ‘‘(2) if such position is not available, to be
U.S.C. 207(e)); and’’; and Except as otherwise expressly provided, restored to an equivalent position with
(2) in clause (ii), by striking ‘‘$10,000’’ and whenever in this subtitle an amendment or equivalent employment benefits, pay, and
inserting ‘‘$12,000’’. repeal is expressed in terms of an amend- other terms and conditions of employment.’’.
SEC. 108. NOTICE. ment to, or repeal of, a section or other pro- (2) ENFORCEMENT.—Section 5105 is amend-
Section 110(c) is amended by striking ‘‘for vision, the reference shall be considered to ed—
the purpose described in subsection be made to a section or other provision of di- (A) by amending subsection (a) to read as
(a)(2)(A)’’. vision E of the Families First Coronavirus follows:
SEC. 109. INTERMITTENT LEAVE. Response Act (Public Law 116–127). ‘‘(a) UNPAID SICK LEAVE.—Subject to sub-
SEC. 122. PAID SICK TIME REQUIREMENT. section (b), a violation of section 5102 shall
Section 110 is amended by adding at the
(a) USES.—Section 5102(a) is amended to be deemed a violation of section 7 of the Fair
end the following:
‘‘(e) LEAVE TAKEN INTERMITTENTLY OR ON A read as follows: Labor Standards Act of 1938 (29 U.S.C. 207)
REDUCED WORK SCHEDULE.—Leave under sec- ‘‘(a) IN GENERAL.—An employer shall pro- and unpaid amounts shall be treated as un-
tion 102(a)(1)(F) may be taken by an em- vide to each employee employed by the em- paid overtime compensation under such sec-
ployee intermittently or on a reduced work ployer paid sick time for any qualifying need tion for the purposes of sections 15 and 16 of
schedule, without regard to whether the em- related to a public health emergency (as de- such Act (29 U.S.C. 215 and 216).’’; and
ployee and the employer of the employee fined in section 110(a)(2)(A) of the Family (B) in subsection (b), by inserting ‘‘section
have an agreement with respect to whether and Medical Leave Act of 1993 (29 U.S.C. 5102(k) or’’ before ‘‘section 5104’’.
such leave may be taken intermittently or 2620(a)(2)(A)).’’. SEC. 123. SUNSET.
on a reduced work schedule.’’. (b) RECURRENCE.—Section 5102(b) is amend- Section 5109 is amended by striking ‘‘De-
SEC. 110. CERTIFICATION.
ed by striking ‘‘An’’ and inserting ‘‘During cember 31, 2020’’ and inserting ‘‘February 28,
any 12-month period, an’’. 2021’’.
Section 110 is further amended by adding (c) EMPLOYERS WITH EXISTING POLICIES.—
at the end the following: SEC. 124. DEFINITIONS.
Section 5102 is amended by striking sub- (a) EMPLOYER.—Section 5110(2)(B) is
‘‘(f) CERTIFICATION.—
section (f) and inserting the following: amended—
‘‘(1) IN GENERAL.—If an employer requires ‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—
that a request for leave under section (1) by striking ‘‘terms’’ and inserting
With respect to an employer that provides
102(a)(1)(F) be certified, the employer may ‘‘term’’;
paid leave on the day before the date of the
require documentation for certification not (2) by amending subclause (I) of clause (i)
enactment of this Act—
earlier than 5 weeks after the date on which to read as follows:
‘‘(1) the paid sick time under this Act shall
the employee takes such leave. ‘‘(I) means any person engaged in com-
be made available to employees of the em-
‘‘(2) SUFFICIENT CERTIFICATION.—The fol- merce or in any industry or activity affect-
ployer in addition to such paid leave; and
lowing documentation shall be sufficient for ing commerce that employs 1 or more em-
‘‘(2) the employer may not change such
certification: ployees;’’; and
paid leave on or after such date of enactment
‘‘(A) With respect to leave taken for the (3) by amending clause (ii) to read as fol-
to avoid being subject to paragraph (1).’’.
purposes described in clauses (i) through (iv) (d) INTERMITTENT LEAVE.—Section 5102 is lows:
of subsection (a)(2)(A)— further amended by adding at the end the ‘‘(ii) PUBLIC AGENCY AND NON-PROFIT ORGA-
‘‘(i) a recommendation or order from a pub- NIZATIONS.—For purposes of clause (i)(III)
following:
lic official having jurisdiction or a health ‘‘(g) LEAVE TAKEN INTERMITTENTLY OR ON A and (i)(I), a public agency and a nonprofit or-
care provider that the employee or relevant REDUCED WORK SCHEDULE.—Leave under sec- ganization shall be considered to be a person
family member has symptoms of COVID–19 tion 5102 may be taken by an employee inter- engaged in commerce or in an industry or ac-
or should self-isolate; or mittently or on a reduced work schedule, tivity affecting commerce.’’.
‘‘(ii) documentation or evidence, including without regard to whether the employee and (b) FMLA TERMS.—Section 5110(4) is
an oral or written statement from an em- the employer of the employee have an agree- amended to read as follows:
ployee, that the employee or relevant family ment with respect to whether such leave ‘‘(4) FMLA TERMS.—
member has been exposed to COVID–19. may be taken intermittently or on a reduced ‘‘(A) SECTION 101.—The terms ‘health care
‘‘(B) With respect to leave taken for the work schedule.’’. provider’, ‘next of kin’, ‘son or daughter’,
purposes described in clause (v) or (vi) of (e) CERTIFICATION.—Section 5102 is further and ‘spouse’ have the meanings given such
subsection (a)(2)(A), notice— amended by adding at the end the following: terms in section 101 of the Family and Med-
‘‘(i) from the school, place of care, or child ‘‘(h) CERTIFICATION.—If an employer re- ical Leave Act of 1993 (29 U.S.C. 2611).
care or direct care provider of the son or quires that a request for paid sick time ‘‘(B) SECTION 110.—The terms ‘child care
daughter or other family member of the em- under this section be certified— provider’, ‘domestic partner’, ‘family mem-
ployee of closure or unavailability; or ‘‘(1) the documentation described in para- ber’, ‘parent’, and ‘school’ have the meanings
‘‘(ii) from the school of the son or daughter graph (2) of section 110(f) of the Family and given such terms in section 110(a)(2) of the
of the requirement or option of a virtual Medical Leave Act of 1993 (29 U.S.C. 2620(f)) Family and Medical and Leave Act of 1993.’’.
learning instruction model or a hybrid of in- shall be sufficient for certification; and (c) PAID SICK TIME.—Section 5110(5) is
person and virtual learning instruction mod- ‘‘(2) an employer may not require such cer- amended—
els.’’. tification unless— (1) in subparagraph (A)—
SEC. 111. AUTHORITY OF THE DIRECTOR OF THE ‘‘(A) the employee takes not less than 3 (A) in clause (i), by striking ‘‘reason de-
OFFICE OF MANAGEMENT AND consecutive days of paid sick time; and scribed in any paragraph of section 2(a)’’ and
BUDGET TO EXCLUDE CERTAIN EM- ‘‘(B) the employer requires documents for inserting ‘‘qualifying need related to a pub-
PLOYEES. such certification not earlier than 7 work- lic health emergency’’; and
Section 110(a) is amended by striking para- days after the employee returns to work (B) in clause (ii), by striking ‘‘exceed’’ and
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graph (4). after such paid sick time.’’. all that follows and inserting ‘‘exceed $511
SEC. 112. TECHNICAL AMENDMENTS. (f) NOTICE.—Section 5102 is further amend- per day and $5,110 in the aggregate.’’;
(a) Section 110(a)(1)(A) is amended by ed by adding at the end the following: (2) in subparagraph (B)—
striking ‘‘(ii)’’ before ‘‘SPECIAL RULE’’ and in- ‘‘(i) NOTICE.—In any case where the neces- (A) by striking the following:
serting ‘‘(iii)’’. sity for leave under this section is foresee- ‘‘(B) REQUIRED COMPENSATION.—
(b) Section 19008 of the CARES Act is able, an employee shall provide the employer ‘‘(i) IN GENERAL.—Subject to subparagraph
amended— with such notice of leave as is practicable.’’. (A)(ii),’’; and inserting the following:
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6117
‘‘(B) REQUIRED COMPENSATION.—Subject to restaurants and bars, drug stores and phar- (III) the return to work for employees who
subparagraph (A)(ii),’’; and macies, and retail establishments. previously tested positive for COVID–19 or
(B) by striking clause (ii); and (2) CONSULTATION.—In developing the who showed signs or symptoms of COVID–19;
(3) in subparagraph (C), by striking ‘‘ sec- standard under this subsection, the Sec- and
tion 2(a)’’ and inserting ‘‘section 5102(a)’’. retary of Labor— (IV) ensuring that subcontractors comply
(d) QUALIFYING NEED RELATED TO A PUBLIC (A) shall consult with— with the procedures under subclauses (I)
HEALTH EMERGENCY.—Section 5110 is amend- (i) the Director of the Centers for Disease through (III); and
ed by adding at the end the following: Control and Prevention; and (vi) record and report each work-related
‘‘(1) QUALIFYING NEED RELATED TO A PUBLIC (ii) the Director of the National Institute COVID–19 infection and death, as set forth in
HEALTH EMERGENCY.—The term ‘qualifying for Occupational Safety and Health; and part 1904 of title 29, Code of Federal Regula-
need related to a public health emergency’ (B) may consult with the professional asso- tions (as in effect on the date of the enact-
has the meaning given such term in section ciations and representatives of the employ- ment of this Act);
110(a)(2)(A) of the Family and Medical Leave ees described in paragraph (1). (B) no less protection for novel pathogens
Act of 1993 (29 U.S.C. 2620(a)(2)(A)).’’. (3) ENFORCEMENT DISCRETION.—If the Sec- than precautions mandated by standards
SEC. 125. EMERGENCY PAID SICK LEAVE FOR EM- retary of Labor determines it is not feasible adopted by a State plan that has been ap-
PLOYEES OF THE DEPARTMENT OF for an employer to comply with a require- proved by the Secretary of Labor under sec-
VETERANS AFFAIRS AND THE ment of the standard promulgated under this tion 18 of the Occupational Safety and
TRANSPORTATION SECURITY AD- subsection (such as a shortage of the nec- Health Act of 1970 (29 U.S.C. 667);
MINISTRATION FOR PURPOSES RE- essary personal protective equipment), the (C) the incorporation, as appropriate, of—
LATING TO COVID–19. Secretary may exercise discretion in the en- (i) guidelines issued by the Centers for Dis-
Section 5110(1) is further amended— forcement of such requirement if the em- ease Control and Prevention, the National
(1) in subparagraph (E) by striking ‘‘or’’ ployer demonstrates that the employer— Institute for Occupational Safety and
after ‘‘Code;’’; (A) is exercising due diligence to come into Health, and the Occupational Safety and
(2) by redesignating subparagraph (F) as compliance with such requirement; and Health Administration which are designed to
subparagraph (H); and (B) is implementing alternative methods prevent the transmission of infectious agents
(3) by inserting after subparagraph (E) the and measures to protect employees. in health care or other occupational set-
following: (4) EXTENSION OF STANDARD.—Notwith- tings; and
‘‘(F) notwithstanding sections 7421(a) or standing paragraphs (2) and (3) of section 6(c) (ii) relevant scientific research on novel
7425(b) of title 38, United States Code, or any of the Occupational Safety and Health Act of pathogens; and
other provision of law, an employee of the 1970 (29 U.S.C. 655(c)), the emergency tem- (D) a requirement for each employer to—
Department of Veterans Affairs (including porary standard promulgated under this sub- (i) maintain a COVID–19 employee infec-
employees under chapter 74 of such title); section shall be in effect until the date on tion log, notify its own employees and report
‘‘(G) any employee of the Transportation which the final standard promulgated under to the appropriate health department of each
Security Administration, including an em- subsection (b) is in effect. confirmed positive COVID–19 diagnosis of an
ployee under 111(d) of the Aviation and (5) STATE PLAN ADOPTION.—With respect to employee within 24 hours of the employer
Transportation Security Act (49 U.S.C. 44935 a State with a State plan that has been ap-
learning of such confirmed positive diag-
note); or’’. proved by the Secretary of Labor under sec-
nosis, whether or not the infection is work-
SEC. 126. AUTHORITY OF THE DIRECTOR OF THE tion 18 of the Occupational Safety and
related, consistent with the confidentiality
OFFICE OF MANAGEMENT AND Health Act of 1970 (29 U.S.C. 667), not later
BUDGET TO EXCLUDE CERTAIN EM-
requirements of the Americans with Disabil-
than 14 days after the date of the enactment
PLOYEES. ities Act of 1990 (42 U.S.C. 12101 et seq.), the
of this Act, such State shall promulgate an
Division E is amended by striking section HIPAA privacy regulations (defined in sec-
emergency temporary standard that is at
5112. tion 1180(b)(3) of the Social Security Act (42
least as effective in protecting from occupa-
U.S.C. 1320d–9(b)) and other applicable Fed-
SEC. 127. REGULATORY AUTHORITIES. tional exposure to SARS–CoV–2 the employ-
eral regulations; and
(a) IN GENERAL.—Division E is amended by ees described in paragraph (1) as the emer-
gency temporary standard promulgated (ii) report to the Occupational Safety and
striking section 5111. Health Administration any outbreak of three
(b) FORCE OR EFFECT OF REGULATIONS.— under this subsection.
(6) EMPLOYER DEFINED.—For purposes of or more confirmed positive COVID–19 diag-
Any regulation issued under section 5111 of
the standard promulgated under this sub- noses that have occurred among employees
division E of the Families First Coronavirus
section, the term ‘‘employer’’ (as defined in present at the place of employment within a
Response Act (Public Law 116–127), as in ef-
section 3 of the Occupational Safety and 14-day period, not later than 24 hours after
fect on the day before the date of the enact-
Health Act of 1970 (29 U.S.C. 652)) includes the employer is made aware of such an out-
ment of this Act, shall have no force or ef-
any State or political subdivision of a State, break.
fect.
except for a State or political subdivision of (8) INAPPLICABLE PROVISIONS OF LAW AND
TITLE II—COVID–19 EVERY WORKER EXECUTIVE ORDER.—The following provisions
a State already subject to the jurisdiction of
PROTECTION ACT OF 2020 of law and Executive orders shall not be ap-
a State plan approved under section 18(b) of
SEC. 201. SHORT TITLE. the Occupational Safety and Health Act of plicable with respect to the standard promul-
This title may be cited as the ‘‘COVID–19 1970 (29 U.S.C. 667(b)). gated under this subsection:
Every Worker Protection Act of 2020’’. (7) REQUIREMENTS.—The standard promul- (A) The requirements of chapter 6 of title
SEC. 202. EMERGENCY TEMPORARY AND PERMA- gated under this subsection shall include— 5, United States Code (commonly referred to
NENT STANDARDS. (A) a requirement that any employer of an as the ‘‘Regulatory Flexibility Act’’).
(a) EMERGENCY TEMPORARY STANDARD.— employee in an occupation or sector de- (B) Subchapter I of chapter 35 of title 44,
(1) IN GENERAL.—In consideration of the scribed in paragraph (1)— United States Code (commonly referred to as
grave danger presented by COVID–19 and the (i) conduct a hazard assessment to assess the ‘‘Paperwork Reduction Act’’).
need to strengthen protections for employ- risks of occupational exposure to SARS– (C) The Unfunded Mandates Reform Act of
ees, not later than 7 days after the date of CoV–2; 1995 (2 U.S.C. 1501 et seq.).
the enactment of this Act, the Secretary of (ii) develop and implement an exposure (D) Executive Order 12866 (58 Fed. Reg. 190;
Labor shall promulgate an emergency tem- control plan, based on the hazard assessment relating to regulatory planning and review),
porary standard to protect from occupa- mandated in clause (i), with the input and as amended.
tional exposure to SARS–CoV–2— involvement of employees or the representa- (E) Executive Order 13771 (82 Fed. Reg. 9339,
(A) employees of health care sector em- tives of employees, as appropriate, to address relating to reducing regulation and control-
ployers; the risk of occupational exposure in such ling regulatory costs).
(B) employees of employers in paramedic sectors and occupations; (b) PERMANENT STANDARD.—Not later than
and emergency medical services, including (iii) provide job specific training and edu- 24 months after the date of the enactment of
such services provided by firefighters and cation to such employees on such standard, this Act, the Secretary of Labor shall, pursu-
other emergency responders; and the plan under clause (ii), and prevention of ant to section 6 of the Occupational Safety
(C) employees of employers in other sec- the transmission of SARS–CoV–2; and Health Act (29 U.S.C. 655), promulgate a
tors or occupations, including mortuary (iv) implement, as appropriate, engineering final standard—
services, food processing (including poultry, controls, including ventilation; work prac- (1) to protect employees described in sub-
meat, and seafood), agriculture and crop har- tice controls (including physical distancing section (a)(1) from occupational exposure to
vesting, manufacturing, indoor and outdoor of not less than 6 feet while on the job and infectious pathogens, including novel patho-
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construction, correctional centers, jails, and during paid breaks); and appropriate res- gens; and
detention centers, transportation (including piratory protection and other personal pro- (2) that shall be effective and enforceable
airports, train stations, and bus stations), re- tective equipment; in the same manner and to the same extent
tail and wholesale grocery, warehousing and (v) develop and implement procedures for— as a standard promulgated under section 6(b)
package and mail processing and delivery (I) sanitation of the work environment; of the Occupational Safety and Health Act of
services, call centers, education, social serv- (II) screening of employees for signs and 1970 (29 U.S.C. 655(b)).
ice and daycare, homeless shelters, hotels, symptoms of COVID–19; (c) ANTI-RETALIATION.—
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S6118 CONGRESSIONAL RECORD — SENATE October 19, 2020
(1) POLICY.—Each standard promulgated TITLE III—COVID–19 PROTECTIONS (B) an employer and the employer’s carrier
under this section shall require employers to UNDER LONGSHORE AND HARBOR shall make, keep, and preserve such records,
adopt a policy prohibiting the discrimina- WORKERS’ COMPENSATION ACT make such reports, and provide such infor-
tion and retaliation described in paragraph SEC. 301. COMPENSATION PURSUANT TO THE mation, as the Secretary of Labor deter-
(2) by any person (including an agent of the LONGSHORE AND HARBOR WORK- mines necessary or appropriate to carry out
employer). ERS’ COMPENSATION ACT. this section.
(2) PROHIBITION.—No employer (including (a) ENTITLEMENT TO COMPENSATION.— (c) SPECIAL FUND.—
an agent of the employer) shall discriminate (1) IN GENERAL.—A covered employee who (1) IN GENERAL.—A reimbursement under
receives a diagnosis or is subject to an order paragraph (1) shall be paid out of the special
or retaliate against an employee for—
described in paragraph (2)(B) and who pro- fund established in section 44 of Longshore
(A) reporting to the employer, to a local,
vides notice of or files a claim relating to and Harbor Workers’ Compensation Act (33
State, or Federal government agency, or to U.S.C. 944).
such diagnosis or order under section 12 or 13
the media or on a social media platform— of the Longshore and Harbor Workers’ Com- (2) FUNDING.—There are authorized to be
(i) a violation of a standard promulgated pensation Act (33 U.S.C. 912, 913), respec- appropriated, and there are appropriated,
pursuant to this Act; tively, shall— such funds as may be necessary to reimburse
(ii) a violation of an infectious disease ex- (A) be deemed to have an injury arising out the special fund described in paragraph (1)
posure control plan described in subsection of or in the course of employment for which for each reimbursement paid out of such
(c)(1); or compensation is payable under the fund under paragraph (1).
(iii) a good faith concern about a work- Longshore and Harbor Workers’ Compensa- (d) REPORT.—Not later than 60 days after
place infectious disease hazard; tion Act (33 U.S.C. 901 et seq.); and the end of fiscal year 2020, 2021, and 2022, the
(B) seeking assistance or intervention from (B) be paid the compensation to which the Secretary of Labor shall submit to the Com-
the employer or a local, State, or Federal employee is entitled under such Act (33 mittee on Education and Labor of the House
government agency with respect to such a U.S.C. 901 et seq.). of Representatives and the Committee on
report; (2) COVERED EMPLOYEE.—In this section, Health, Education, Labor and Pensions of
(C) voluntary use of personal protective the term ‘‘covered employee’’ means an em- the Senate, an annual report enumerating—
ployee who— (1) the number of claims filed pursuant to
equipment with a higher level of protection
(A) at any time during the period begin- section (a)(1);
than is provided by the employer; or
ning on January 27, 2020, and ending on Jan- (2) of such filed claims—
(D) exercising any other right under the (A) the number and types of claims ap-
Occupational Safety and Health Act of 1970 uary 27, 2022, was engaged in maritime em-
ployment; and proved under section 13 of the Longshore and
(29 U.S.C. 651 et seq.). Harbor Workers’ Compensation Act (33
(B) was—
(3) ENFORCEMENT.—This subsection shall be U.S.C. 913);
(i) at any time during the period beginning
enforced in the same manner and to the on January 27, 2020, and ending on February (B) the number and types of claims denied
same extent as any standard promulgated 27, 2022, diagnosed with COVID–19; or under such section;
under section 6(b) of the Occupational Safety (ii) at any time during the period described (C) the number and types of claims pending
and Health Act of 1970 (29 U.S.C. 655(b)). in subparagraph (A), ordered not to return to under such section; and
(d) EFFECT ON OTHER LAWS, REGULATIONS, work by the employee’s employer or by a (3) the amounts and the number of claims
local, State, or Federal agency because of ex- for reimbursement paid out of the special
OR ORDERS.—
posure, or the risk of exposure, to 1 or more fund under subsection (c)(1) for the fiscal
(1) IN GENERAL.—Nothing in this Act shall
individuals diagnosed with COVID–19 in the year for which the report is being submitted.
be construed to— (e) REGULATIONS.—The Secretary of Labor
(A) curtail or limit authority of the Sec- workplace.
(b) REIMBURSEMENT.— may promulgate such regulations as may be
retary under any other provision of law; or necessary to carry out this section.
(1) IN GENERAL.—
(B) preempt the application of any other (A) ENTITLEMENT.—Subject to subpara- (f) DEFINITIONS.—In this section:
statute, regulation, or order of any State or graph (B), an employer of a covered em- (1) LHWCA TERMS.—The terms ‘‘carrier’’,
local government related to SARS–CoV–2 in ployee or the employer’s carrier shall be en- ‘‘compensation’’, ‘‘employee’’, and ‘‘em-
the workplace except to the extent that such titled to reimbursement for any compensa- ployer’’ have the meanings given the terms
provisions are inconsistent with this Act, or tion paid with respect to a notice or claim in section 2 of the Longshore and Harbor
a standard promulgated pursuant to this described in subsection (a), including dis- Workers’ Compensation Act (33 U.S.C. 902).
Act, and in such case only to the extent of ability benefits, funeral and burial expenses, (2) NOVEL CORONAVIRUS.—The term ‘‘novel
the inconsistency. medical or other related costs for treatment coronavirus’’ means SARS–CoV–2.
(2) EQUAL OR GREATER PROTECTION.—A pro- and care, and reasonable and necessary allo- TITLE IV—WORKER’S COMPENSATION
vision of law, regulation, or order of a State cated claims expenses. FOR FEDERAL AND POSTAL EMPLOYEES
or local government shall not be considered (B) SAFETY AND HEALTH REQUIREMENTS.—To DIAGNOSED WITH COVID–19
inconsistent with this Act or standard pro- be entitled to reimbursement under subpara- SEC. 401. PRESUMPTION OF ELIGIBILITY FOR
mulgated under this Act under paragraph graph (A)— WORKERS’ COMPENSATION BENE-
(i) an employer shall be in compliance with FITS FOR FEDERAL EMPLOYEES DI-
(1)(B) if such provision provides equal or AGNOSED WITH COVID–19.
greater health or safety protection to an em- all applicable safety and health guidelines
(a) IN GENERAL.—An employee who is diag-
ployee than the protection provided under and standards that are related to the preven-
nosed with COVID–19 during the period de-
this Act, an Emergency Temporary Stand- tion of occupational exposure to the novel
scribed in subsection (b)(2)(A) shall, with re-
ard, or a final standard promulgated under coronavirus that causes COVID–19, including
spect to any claim made by or on behalf of
this Act. such guidelines and standards issued by the
the employee for benefits under subchapter I
Occupational Safety and Health Administra- of chapter 81 of title 5, United States Code,
SEC. 203. REPORTING, TRACKING, INVESTIGA- tion, State plans approved under section 18
TION AND SURVEILLANCE OF be deemed to have an injury proximately
of the Occupational Safety and Health Act of caused by exposure to coronavirus arising
COVID–19 INFECTIONS AND OUT- 1970 (29 U.S.C. 667), the Coast Guard, and
BREAKS. out of the nature of the employee’s employ-
Federal, State or local public health authori- ment and be presumptively entitled to such
The Director of the Centers for Disease ties; and benefits, including disability compensation,
Control and Prevention, in conjunction with (ii) a carrier— medical services, and survivor benefits.
the Director of the National Institute for Oc- (I) shall be a carrier for an employer that (b) DEFINITIONS.—In this section—
cupational Safety and Health, in cooperation is in compliance with clause (i); and (1) the term ‘‘coronavirus’’ means SARS–
(II) shall not adjust the experience rating CoV–2 or another coronavirus with pandemic
with State and territorial health depart-
or the annual premium of the employer potential; and
ments, shall— based upon the compensation paid by the (2) the term ‘‘employee’’—
(1) collect and analyze case reports, includ- carrier with respect to a notice or claim de- (A) means an employee as that term is de-
ing information on the work status, occupa- scribed in subparagraph (A). fined in section 8101(1) of title 5, United
tion, and industry classification of an indi- (2) REIMBURSEMENT PROCEDURES.—To re- States Code, (including an employee of the
vidual, and other data on COVID–19, to iden- ceive reimbursement under paragraph (1)— United States Postal Service, the Transpor-
tify and evaluate the extent, nature, and (A) a claim for such reimbursement shall tation Security Administration, or the De-
source of COVID–19 among employees de- be submitted to the Secretary of Labor— partment of Veterans Affairs, including any
scribed in section (a)(1); (i) not later than one year after the final individual appointed under chapter 73 or 74
ctelli on DSK11ZRN23PROD with SENATE
(2) compile data and statistics on COVID– payment of compensation to a covered em- of title 38, United States Code) employed in
19 among such employees and provide to the ployee pursuant to this section; and the Federal service at anytime during the
public periodic reports on such data and sta- (ii) in the same manner as a claim for re- period beginning on January 27, 2020, and
tistics; and imbursement is submitted in accordance ending on January 30, 2022—
(3) based on such reports, make rec- with part 61 of title 20, Code of Federal Regu- (i) who carried out duties requiring contact
ommendations on needed actions or guidance lations (as in effect on the date of the enact- with patients, members of the public, or co-
to protect such employees. ment of this Act); and workers; or
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6119
(ii) whose duties include a risk of exposure (A) TRANSITION ALLOWANCES.—The Sec- to support virtual and online learning and
to the coronavirus; and retary shall provide, subject to the avail- training in apprenticeship programs.
(B) does not include any employee other- ability of appropriations, for the provision of DIVISION D—HUMAN SERVICES AND
wise covered by subparagraph (A) who is additional transition allowances as described COMMUNITY SUPPORTS
teleworking on a full-time basis in the pe- in subsection (b) of such section for Job
SEC. 100. SHORT TITLE.
riod described in such subparagraph prior to Corps students who graduate during the peri-
a diagnosis with COVID–19. ods described in subparagraph (B) or (C) of This division may be cited as the ‘‘Human
TITLE V—COVID–19 WORKFORCE paragraph (4). Services and Community Supports Act’’.
DEVELOPMENT RESPONSE ACTIVITIES (B) TRANSITION SUPPORT.—The Secretary TITLE I—STRONGER CHILD ABUSE
SEC. 501. DEFINITIONS. shall consider the period during the COVID– PREVENTION AND TREATMENT
(a) IN GENERAL.—Except as otherwise pro- 19 national emergency and the three month Subtitle A—General Program
vided, the terms in this title have the mean- period following the conclusion of the
COVID–19 national emergency as the period SEC. 101. REPEAL OF FINDINGS.
ings given the terms in section 3 of the Section 2 of the Child Abuse Prevention
Workforce Innovation and Opportunity Act in which the provision of employment serv-
ices as described in subsection (c) of such and Treatment Act (42 U.S.C. 5101 note) is re-
(29 U.S.C. 3102). pealed.
(b) CORONAVIRUS.—The term ‘‘coronavirus’’ section shall be provided to graduates who
means coronavirus as defined in section 506 have graduated in 2020. SEC. 102. REPEAL OF ADVISORY BOARD ON
(6) ENROLLMENT ELIGIBILITY.—The require- CHILD ABUSE AND NEGLECT.
of the Coronavirus Preparedness and Re-
sponse Supplemental Appropriations Act, ments described in sections 145(a)(2)(A) and Section 102 of the Child Abuse Prevention
2020 (Public Law 116–123). 152(b)(2)(B) of the Workforce Innovation and and Treatment Act (42 U.S.C. 5102) is re-
(c) COVID–19 NATIONAL EMERGENCY.—The Opportunity Act (29 U.S.C. 3195(a)(2)(A) and pealed.
term ‘‘COVID–19 national emergency’’ means 29 U.S.C. 3202(b)(2)(B)) shall be applicable SEC. 103. NATIONAL CLEARINGHOUSE FOR IN-
the national emergency declared by the only for students participating onsite or FORMATION RELATING TO CHILD
President under the National Emergencies once returning to onsite after participating ABUSE.
Act (50 U.S.C. 1601 et seq.) on March 13, 2020, in distance learning. Section 103 of the Child Abuse Prevention
with respect to the coronavirus. (7) EFFECTIVELY SUPPORTING DISTANCE and Treatment Act (42 U.S.C. 5104) is amend-
(d) SECRETARY.—The term ‘‘Secretary’’ LEARNING.—The Secretary shall take such ed—
means the Secretary of Labor. steps necessary to modify the agreements re- (1) in subsection (b)(1), by inserting ‘‘early
SEC. 502. JOB CORPS RESPONSE TO THE COVID– quired by Sec. 147(a) of the Workforce Inno- learning programs and’’ after ‘‘including’’;
19 NATIONAL EMERGENCY. vation and Opportunity Act (29 U.S.C. (2) in subsection (c)(1)(C)—
In order to provide for the successful con- 3197(a)(1)) to enable operators and service (A) in clause (iii), by striking ‘‘and’’ at the
tinuity of services and enrollment periods providers to purchase, within the limitations end;
during the COVID–19 national emergency, of the contract values or established annual (B) in clause (iv), by adding ‘‘and’’ at the
additional flexibility shall be provided for budgets for Job Corps Centers, any equip- end; and
Job Corps operators, providers of eligible ac- ment, supplies, and services that the opera- (C) by adding at the end the following:
tivities, and practitioners, including the fol- tors or service providers determine are nec- ‘‘(v) the number of child fatalities and near
lowing: essary to facilitate effective virtual learning fatalities due to maltreatment, as reported
(1) ELIGIBILITY.—Notwithstanding the age and to protect the health of students and by States in accordance with the uniform
requirements for enrollment under section staff on-center during the COVID–19 national standards established pursuant to subsection
144(a)(1) of the Workforce Innovation and Op- emergency, including distance learning tech- (d), and any other relevant information re-
portunity Act (29 U.S.C. 3194(a)(1)), an indi- nology for students and COVID–19 testing, lated to such fatalities;’’; and
vidual seeking to enroll in Job Corps and and shall allow students to retain permanent (3) by adding at the end the following:
who turns 25 during the COVID–19 national possession of such equipment and technology ‘‘(d) UNIFORM STANDARDS FOR TRACKING
emergency is eligible for such enrollment without financial penalty regardless of their AND REPORTING OF CHILD FATALITIES RESULT-
during or up to one year after the end of the enrollment status. ING FROM MALTREATMENT.—
qualifying emergency. SEC. 503. MIGRANT AND SEASONAL FARM- ‘‘(1) REGULATIONS REQUIRED.—Not later
(2) ENROLLMENT LENGTH.—Notwithstanding WORKER PROGRAM RESPONSE. than 24 months after the date of the enact-
section 146(b) of the Workforce Innovation During the COVID–19 national emergency, ment of the Human Services and Community
and Opportunity Act (29 U.S.C. 3196(b)), an for the purposes of section 167(i)(3)(A) of the Supports Act, the Secretary shall develop
individual enrolled in Job Corps during the Workforce Innovation and Opportunity Act and issue final regulations establishing uni-
COVID–19 national emergency may extend (29 U.S.C. 3222(i)(3)(A)), the term ‘‘low in- form standards for the tracking and report-
their period of enrollment for more than 2 come individual’’ shall include an individual ing of child fatalities and near-fatalities re-
years as long as such extension does not ex- with a total family income equal to or less sulting from maltreatment. As a condition
ceed a 2-year, continuous period of enroll- than 150 percent of the poverty line. on eligibility for receipt of funds under sec-
ment after the COVID–19 national emer- SEC. 504. YOUTHBUILD ACTIVITIES RESPONDING tion 106, the standards established under this
gency. TO THE COVID–19 NATIONAL EMER- paragraph shall be used by States for the
(3) ADVANCED CAREER TRAINING PRO- GENCY. tracking and reporting of such fatalities
GRAMS.—Notwithstanding paragraph (2), with During the COVID–19 national emergency, under subsection (d) of such section.
respect to advanced career training pro- the Secretary shall provide for flexibility for ‘‘(2) MAINTENANCE OF STATE LAW.—Notwith-
grams under section 148(c) of the Workforce YouthBuild participants and entities car- standing the uniform standards developed
Innovation and Opportunity Act (29 U.S.C. rying out YouthBuild programs, including under paragraph (1), a State that defines or
3198(c)) in which the enrollees may continue the following: describes such fatalities for any purpose
to participate for a period not to exceed 1 (1) ELIGIBILITY.—Notwithstanding the age other than tracking and reporting under this
year in addition to the period of participa- requirements for enrollment under section subsection may continue to use that defini-
tion to which the enrollees would otherwise 171(e)(1)(A)(i) of the Workforce Innovation tion or description for such purpose.
be limited, the COVID–19 national emer- and Opportunity Act (29 U.S.C. ‘‘(3) NEGOTIATED RULEMAKING.—In devel-
gency shall not be considered as any portion 3226(e)(1)(A)(i)), an individual seeking to par- oping regulations under paragraph (1), the
of such additional 1-year participation pe- ticipate in a YouthBuild program and who Secretary shall submit such regulations to a
riod. turns 25 during the COVID–19 national emer- negotiated rulemaking process, which shall
(4) COUNSELING, JOB PLACEMENT, AND AS- gency is eligible for such participation. include the participants described in para-
SESSMENT.—The counseling, job placement, (2) PARTICIPATION LENGTH.—Notwith- graph (4).
and assessment services described in section standing section 171(e)(2) of the Workforce ‘‘(4) PARTICIPANTS DESCRIBED.—The partici-
149 of the Workforce Innovation and Oppor- Innovation and Opportunity Act (29 U.S.C. pants described in this paragraph are—
tunity Act (29 U.S.C. 3199) shall be available 3226(e)(2)), the period of participation in a ‘‘(A) State and county officials responsible
to former enrollees— YouthBuild program may extend beyond 24 for administering the State plans under this
(A) whose enrollment was interrupted due months for an individual participating in Act and parts B and E of title IV of the So-
to the COVID–19 national emergency; such program during the COVID–19 national cial Security Act (42 U.S.C. 621 et seq., 670 et
(B) who graduated from Job Corps on or emergency, as long as such extension does seq.);
after January 1, 2020; or not exceed a 24 month, continuous period of ‘‘(B) child welfare professionals with field
(C) who graduated from Job Corps not later enrollment after the COVID–19 national experience;
ctelli on DSK11ZRN23PROD with SENATE
than 3 months after the COVID–19 national emergency. ‘‘(C) child welfare researchers;
emergency. SEC. 505. APPRENTICESHIP SUPPORT DURING ‘‘(D) domestic violence researchers;
(5) SUPPORT.—The Secretary shall provide THE COVID–19 NATIONAL EMER- ‘‘(E) domestic violence professionals;
additional support for the transition periods GENCY. ‘‘(F) child development professionals;
described in section 150 of the Workforce In- Not later than 30 days after the date of the ‘‘(G) mental health professionals;
novation and Opportunity Act (29 U.S.C. enactment of this Act, the Secretary shall ‘‘(H) pediatric emergency medicine physi-
3200), including the following: identify and disseminate strategies and tools cians;
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S6120 CONGRESSIONAL RECORD — SENATE October 19, 2020
‘‘(I) child abuse pediatricians, as certified ‘‘(J) the national incidence of child abuse ‘‘(i) implementing strategies that can le-
by the American Board of Pediatrics, who and neglect, including— verage existing community-based and State
specialize in treating victims of child abuse; ‘‘(i) the extent to which incidents of child funded resources to prevent child abuse and
‘‘(J) forensic pathologists; abuse and neglect are increasing or decreas- neglect and providing education for individ-
‘‘(K) public health administrators; ing in number and severity; uals involved in prevention activities;
‘‘(L) public health researchers; ‘‘(ii) the incidence of substantiated and un- ‘‘(ii) reducing racial bias in child welfare
‘‘(M) law enforcement; substantiated reported child abuse and ne- systems, including how such systems inter-
‘‘(N) family court judges; glect cases; act with health, law enforcement, and edu-
‘‘(O) prosecutors; ‘‘(iii) the number of substantiated cases cation systems;
‘‘(P) medical examiners and coroners; that result in a judicial finding of child ‘‘(iii) promoting best practices for families
‘‘(Q) a representative from the National abuse or neglect or related criminal court experiencing domestic violence, substance
Center for Fatality Review and Prevention; convictions; use disorder, or other complex needs; and
and ‘‘(iv) the extent to which the number of un- ‘‘(iv) providing professional development
‘‘(R) such other individuals and entities as substantiated, unfounded and false reported and other technical assistance to child wel-
the Secretary determines to be appro- cases of child abuse or neglect have contrib- fare agencies to improve the understanding
priate.’’. uted to the inability of a State to respond ef- of and to help address the effects of trauma
SEC. 104. RESEARCH AND ASSISTANCE ACTIVI-
fectively to serious cases of child abuse or and adverse childhood experiences in parents
TIES. neglect; and children in contact with the child wel-
‘‘(v) the extent to which the lack of ade- fare system; and
Section 104 of the Child Abuse Prevention
quate resources and the lack of adequate ‘‘(B) may include the identification of—
and Treatment Act (42 U.S.C. 5105) is amend-
education of individuals required by law to ‘‘(i) various methods and procedures for
ed—
report suspected cases of child abuse and ne- the investigation, assessment, and prosecu-
(1) in subsection (a)—
glect have contributed to the inability of a tion of child physical and sexual abuse cases;
(A) by amending paragraph (1) to read as
State to respond effectively to serious cases ‘‘(ii) ways to mitigate psychological trau-
follows:
of child abuse and neglect; ma to the child victim;
‘‘(1) TOPICS.—The Secretary shall, in con-
‘‘(vi) the number of unsubstantiated, false, ‘‘(iii) effective programs carried out by the
sultation with other Federal agencies and or unfounded reports that have resulted in a States under titles I and II; and
recognized experts in the field, carry out a child being placed in substitute care, and the ‘‘(iv) effective approaches being utilized to
continuing interdisciplinary program of re- duration of such placement; link child protective service agencies with
search, including longitudinal research, that ‘‘(vii) the extent to which unsubstantiated health care, mental health care, and develop-
is designed to provide information needed to reports return as more serious cases of child mental services and early intervention to
improve primary prevention of child abuse abuse or neglect; improve forensic diagnosis and health eval-
and neglect, better protect children from ‘‘(viii) the incidence and prevalence of uations, and barriers and shortages to such
child abuse or neglect, and improve the well- physical, sexual, and emotional abuse and linkages.’’;
being of victims of child abuse or neglect, physical and emotional neglect in substitute (3) in subsection (c), by striking paragraph
with at least a portion of such research being care; (3); and
field initiated. Such research program may ‘‘(ix) the incidence and prevalence of child (4) by striking subsection (e).
focus on— maltreatment by a wide array of demo- SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR
‘‘(A) disseminating evidence-based treat- graphic characteristics such as age, sex, TRIBAL ORGANIZATIONS, AND PUB-
ment directed to individuals and families ex- race, family structure, household relation- LIC OR PRIVATE AGENCIES AND OR-
periencing trauma due to child abuse and ne- ship (including the living arrangement of the GANIZATIONS.
glect, including efforts to improve the resident parent and family size), school en- Section 105 of the Child Abuse Prevention
scalability of the treatments and programs rollment and education attainment, dis- and Treatment Act (42 U.S.C. 5106) is amend-
being researched; ability, grandparents as caregivers, labor ed—
‘‘(B) developing a set of evidence-based ap- force status, work status in previous year, (1) in subsection (a)—
proaches to support child and family well- and income in previous year; (A) by redesignating paragraph (7) as para-
being and developing ways to identify, re- ‘‘(x) the extent to which reports of sus- graph (11);
lieve, and mitigate stressors affecting fami- pected or known instances of child abuse or (B) by striking paragraphs (1) through (6)
lies in rural, urban, and suburban commu- neglect involving a potential combination of and inserting the following:
nities; jurisdictions, such as intrastate, interstate, ‘‘(1) PREVENTION SERVICES.—The Secretary
‘‘(C) establishing methods to promote ra- Federal-State, and State-Tribal, are being may award grants under this subsection to
cial equity in the child welfare system, in- screened out solely on the basis of the cross- entities to establish or expand prevention
cluding a focus on how neglect is defined, jurisdictional complications; and services that reduce incidences of child mal-
how services are provided, and the unique ‘‘(xi) the incidence and outcomes of child treatment and strengthen families.
impact on Native American, Alaska Native, abuse and neglect allegations reported with- ‘‘(2) TRAUMATIC STRESS.—The Secretary
and Native Hawaiian communities; in the context of divorce, custody, or other may award grants under this subsection to
‘‘(D) improving service delivery or out- family court proceedings, and the inter- entities to address instances of traumatic
comes for child welfare service agencies en- action between family courts and the child stress in families due to child abuse and ne-
gaged with families experiencing domestic protective services system.’’; glect, especially for families with complex
violence, substance use disorder, or other (B) in paragraph (2), by striking ‘‘para- needs or families that exhibit high levels of
complex needs; graph (1)(O)’’ and inserting ‘‘paragraph adverse childhood experiences.
‘‘(E) the extent to which the number of un- (1)(J)’’; ‘‘(3) PROMOTING A HIGH-QUALITY WORK-
substantiated, unfounded, and false reported (C) by amending paragraph (3) to read as FORCE.—The Secretary may award grants
cases of child abuse or neglect have contrib- follows: under this subsection to entities to carry out
uted to the inability of a State to respond ef- ‘‘(3) REPORTING REQUIREMENTS.— programs or strategies that promote a high-
fectively to serious cases of child abuse or ‘‘(A) IN GENERAL.—Not later than 4 years quality workforce in the child welfare sys-
neglect; after the date of the enactment of the tem through–—
‘‘(F) the extent to which the lack of ade- Human Services and Community Supports ‘‘(A) improvements to recruitment, sup-
quate resources and the lack of adequate Act, the Secretary shall prepare and submit port, or retention efforts; or
professional development of individuals re- to the Committee on Education and Labor of ‘‘(B) education for professionals and para-
quired by law to report suspected cases of the House of Representatives and the Com- professionals in the prevention, identifica-
child abuse and neglect have contributed to mittee on Health, Education, Labor and Pen- tion, and treatment of child abuse and ne-
the inability of a State to respond effec- sions of the Senate a report that contains glect.
tively to serious cases of child abuse and ne- the results of the research conducted under ‘‘(4) IMPROVING COORDINATION.—The Sec-
glect; paragraph (2). retary may award grants under this sub-
‘‘(G) the extent to which unsubstantiated ‘‘(B) NATIONAL INCIDENCE.—The Secretary section to entities to carry out activities to
reports return as more serious cases of child shall ensure that research conducted, and improve intrastate coordination within the
abuse or neglect; data collected, under paragraph (1)(J) are re- child welfare system. Such activities may in-
‘‘(H) the incidence and outcomes of child ported in a way that will allow longitudinal clude—
abuse and neglect allegations reported with- comparisons as well as comparisons to the ‘‘(A) aligning information technology sys-
in the context of divorce, custody, or other national incidence studies conducted under tems;
ctelli on DSK11ZRN23PROD with SENATE
family court proceedings, and the inter- this title.’’; and ‘‘(B) improving information sharing re-
action between family courts and the child (D) by striking the second paragraph (4); garding child and family referrals; or
protective services system; (2) in subsection (b), by amending para- ‘‘(C) creating collaborative voluntary part-
‘‘(I) the information on the national inci- graph (2) to read as follows: nerships among public and private agencies,
dence of child abuse and neglect specified in ‘‘(2) AREAS OF EMPHASIS.—Such technical the State’s child protective services, local
clauses (i) through (xi) of subparagraph (J); assistance— social service agencies, community-based
and ‘‘(A) shall focus on— family support programs, State and local
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6121
legal agencies, developmental disability ‘‘(III) the methods for the creation, main- needs are addressed through services or bene-
agencies, substance use disorder treatment tenance, and updating of a comprehensive fits and that no child is separated from such
providers, health care providers and agen- list of prevention and treatment service pro- child’s parent for reasons of poverty.
cies, domestic violence prevention programs, viders; ‘‘(3) Creating and improving the use of
mental health services, schools and early ‘‘(IV) a plan for publicizing the availability multidisciplinary teams and interagency,
learning providers, religious entities, and of the hotline throughout the United States; intra-agency, interstate, and intrastate pro-
other community-based programs. ‘‘(V) a plan for providing service to non- tocols to enhance fair investigations; and
‘‘(5) PRIMARY PREVENTION.—The Secretary English speaking callers, including service improving legal preparation and representa-
may award grants under this subsection to through hotline personnel who have non- tion.
entities to carry out or expand primary pre- English language capability; ‘‘(4) Complying with the assurances in sec-
vention programs or strategies that address ‘‘(VI) a plan for facilitating access to the tion 106(b)(2).
family or community protective factors. hotline and alternative modality services by ‘‘(5) Establishing State and local networks
‘‘(6) NEGLECT DUE TO ECONOMIC INSECU- persons with hearing impairments and dis- of child and family service providers that
RITY.—The Secretary may award grants abilities; support child and family well-being, which
under this subsection to entities to carry out ‘‘(VII) a plan for providing crisis coun- shall—
programs or strategies that reduce findings seling, general assistance, and referrals to ‘‘(A) include child protective services, as
of child neglect due in full or in part to fam- youth victims of child abuse; and well as agencies and service providers, that
ily economic insecurity. ‘‘(VIII) a plan to offer alternative services address family-strengthening, parenting
‘‘(7) EDUCATION OF MANDATORY REPORT- to calling, such as texting or live chat; skills, child development, early childhood
ERS.—The Secretary may award grants under ‘‘(iii) demonstrate that the entity has the care and learning, child advocacy, public
this subsection to entities for projects that capacity and the expertise to maintain a health, mental health, substance use dis-
involve research-based strategies for innova- child abuse hotline and a comprehensive list order treatment, domestic violence, develop-
tive education of mandated child abuse and of service providers; mental disabilities, housing, juvenile justice,
neglect reporters, and for victims to under- ‘‘(iv) demonstrate the ability to provide in- elementary and secondary education, and
stand mandatory reporting. formation and referrals for contacts, directly child placement; and
‘‘(8) SENTINEL INJURIES.—The Secretary connect contacts to service providers, and ‘‘(B) address instances of child abuse and
may award grants under this subsection to employ crisis interventions; neglect by incorporating evaluations that as-
entities to identify and test effective prac- ‘‘(v) demonstrate that the entity has a sess the development of a child, including
tices to improve early detection and man- commitment to providing services to indi- language and communication, cognitive,
agement of injuries indicative of potential viduals in need; and physical, and social and emotional develop-
abuse in infants to prevent future cases of ‘‘(vi) demonstrate that the entity complies ment, the need for mental health services,
child abuse and related fatalities. with State privacy laws and has established including trauma-related services, trauma-
‘‘(9) INNOVATIVE PARTNERSHIPS.—The Sec- quality assurance practices.’’; and informed care, and parental needs.
retary may award grants under this sub- (2) by striking subsections (b) and (c) and ‘‘(6) Ensuring child protective services is
section to entities to carry out innovative inserting the following: addressing the safety of children and re-
programs or strategies to coordinate the de- ‘‘(b) GOALS AND PERFORMANCE.—The Sec- sponding to parent and family needs, which
livery of services to help reduce child abuse retary shall ensure that each entity receiv- shall include—
and neglect via partnerships among health, ing a grant under this section— ‘‘(A) family-oriented efforts that empha-
mental health, education (including early ‘‘(1) establishes quantifiable goals for the size case assessment and follow up casework
learning and care programs as appropriate), outcome of the project funded with the focused on child safety and child and parent
and child welfare agencies and providers. grant; and well-being, which may include—
‘‘(10) REDUCING CHILD ABUSE AND NEGLECT ‘‘(2) adequately measures the performance ‘‘(i) ensuring parents and children undergo
DUE TO THE SUBSTANCE USE DISORDER OF A
of the project relative to such goals. physical and mental health assessments, as
PARENT OR CAREGIVER.—The Secretary may ‘‘(c) PERFORMANCE REPORT REQUIRED.— appropriate, and ongoing developmental
award grants under this subsection to enti- ‘‘(1) IN GENERAL.—Each entity that re- monitoring;
ties to carry out activities to reduce child ceives a grant under this section shall sub- ‘‘(ii) multidisciplinary approaches to as-
abuse and neglect due to the substance use mit to the Secretary a performance report sessing family needs and connecting the fam-
disorder of a parent or caregiver.’’; and that includes— ily with services, including prevention serv-
(C) by adding at the end the following: ‘‘(A) an evaluation of the effectiveness of ices under section 471 of the Social Security
‘‘(12) NATIONAL CHILD ABUSE HOTLINE.— the project funded with the grant relative to Act (42 U.S.C. 671);
‘‘(A) IN GENERAL.—The Secretary may the goals established for such project under ‘‘(iii) organizing a treatment team with
award a grant under this subsection to a subsection (b)(1); and the goal of preventing child abuse and ne-
nonprofit entity to provide for the ongoing ‘‘(B) data supporting such evaluation. glect, and improving parent and child well-
operation of a 24-hour, national, toll-free being;
‘‘(2) SUBMISSION.—The report under para-
telephone hotline to provide information and ‘‘(iv) case monitoring that supports child
graph (1) shall be submitted to the Secretary
assistance to youth victims of child abuse or well-being; and
at such time, in such manner, and con-
neglect, parents, caregivers, mandated re- ‘‘(v) differential response efforts; and
taining such information as the Secretary
porters, and other concerned community ‘‘(B) establishing and maintaining a rapid
may require.
members, including through alternative mo- ‘‘(d) CONTINUING GRANTS.—The Secretary response system that responds promptly to
dalities for communications (such as texting may only award a continuing grant to an en- all reports of child abuse or neglect, with
or chat services) with such victims and other tity under this section if such entity submits special attention to cases involving children
information seekers. a performance report required under sub- under 3 years of age.
‘‘(B) PRIORITY.—In awarding grants de- section (c) that demonstrates effectiveness ‘‘(7) Educating caseworkers, community
scribed in this paragraph, the Secretary of the project funded.’’. service providers, attorneys, health care pro-
shall give priority to applicants with experi- SEC. 106. GRANTS TO STATES FOR CHILD ABUSE
fessionals, parents, and others engaged in
ence in operating a hotline that provides as- OR NEGLECT PREVENTION AND the prevention, intervention, and treatment
sistance to victims of child abuse, parents, TREATMENT PROGRAMS. of child abuse and neglect, which shall in-
caregivers, and mandated reporters. (a) DEVELOPMENT AND OPERATION clude education on—
‘‘(C) APPLICATION.—To be eligible to re- GRANTS.—Subsection (a) of section 106 of the ‘‘(A) practices that help ensure child safety
ceive a grant described in this paragraph, a Child Abuse Prevention and Treatment Act and well-being;
nonprofit entity shall submit an application (42 U.S.C. 5106a) is amended to read as fol- ‘‘(B) approaches to family-oriented preven-
to the Secretary that shall— lows: tion, intervention, and treatment of child
‘‘(i) contain such assurances and informa- ‘‘(a) DEVELOPMENT AND OPERATION abuse and neglect;
tion, be in such form, and be submitted in GRANTS.—The Secretary shall make grants ‘‘(C) early childhood, child, and adolescent
such manner, as the Secretary shall pre- to the States, from allotments under sub- development, and the impact of adverse
scribe; section (f) for each State that applies for a childhood experiences on such development;
‘‘(ii) include a complete description of the grant under this section, for purposes of as- ‘‘(D) the relationship between child abuse
entity’s plan for the operation of a national sisting the States in improving and imple- and domestic violence, and support for non-
child abuse hotline, including descriptions menting a child protective services system abusing parents;
of— that is family-centered, integrates commu- ‘‘(E) strategies to work with families im-
‘‘(I) the professional development program nity services, and is capable of providing pacted by substance use disorder and mental
ctelli on DSK11ZRN23PROD with SENATE
for hotline personnel, including technology rapid response to high-risk cases, by car- health issues (and, when appropriate, be co-
professional development to ensure that all rying out the following: ordinated with prevention efforts funded
persons affiliated with the hotline are able ‘‘(1) Conducting the intake, assessment, under section 471 of the Social Security Act
to effectively operate any technological sys- screening, and investigation of reports of (42 U.S.C. 671));
tems used by the hotline; child abuse or neglect. ‘‘(F) effective use of multiple services to
‘‘(II) the qualifications for hotline per- ‘‘(2) Ensuring that reports concerning a address family and child needs, including
sonnel; child’s living arrangements or subsistence needs resulting from trauma;
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S6122 CONGRESSIONAL RECORD — SENATE October 19, 2020
‘‘(G) efforts to improve family and child grant to achieve the objectives of this title, ‘‘(ix) provisions addressing the professional
well-being; including— development of representatives of the child
‘‘(H) support for child welfare workers af- ‘‘(A) an assurance in the form of a certifi- protective services system regarding the
fected by secondary trauma; and cation by the Governor of the State that the legal duties of the representatives, which
‘‘(I) supporting families and caregivers to State has in effect and is enforcing a State may consist of various methods of informing
combat and prevent unsubstantiated, un- law, or has in effect and is operating a state- such representatives of such duties (includ-
founded, or false reports, including through wide program, relating to child abuse and ne- ing providing such education in different
education on the rights of families and care- glect that includes— languages if necessary), in order to protect
givers. ‘‘(i) provisions or procedures for an indi- the legal rights and safety of children and
‘‘(8) Creating or improving data systems vidual to report known and suspected in- their parents and caregivers from the initial
that allow for— stances of child abuse and neglect, including time of contact during investigation through
‘‘(A) the identification of cases requiring a State law for mandatory reporting by indi- treatment;
prompt responses; viduals required to report such instances; ‘‘(x) provisions for immunity from civil or
‘‘(B) real-time case monitoring that tracks ‘‘(ii) procedures for the immediate screen- criminal liability under State and local laws
assessments, service referrals, follow-up, ing, risk and safety assessment, and prompt and regulations for individuals making good
case reviews, and progress toward parent and investigation of such reports of alleged abuse faith reports of suspected or known in-
child goals; and and neglect in order to ensure the well-being stances of child abuse or neglect, or who oth-
‘‘(C) sharing basic identifying data with and safety of children; erwise provide information or assistance, in-
law enforcement, as necessary. ‘‘(iii) procedures for immediate steps to be
cluding medical evaluations or consulta-
‘‘(9) Improving the general child protective taken to ensure and protect the safety of a
tions, in connection with a report, investiga-
system by developing, improving, and imple- victim of child abuse or neglect and of any
tion, or legal intervention pursuant to a
menting safety assessment tools, providing other child under the same care who may
good faith report of child abuse or neglect;
that such tools, protocols, and systems shall also be in danger of child abuse or neglect
‘‘(xi) provisions to require the State to dis-
not authorize the separation of any child and ensuring their placement in a safe envi-
close confidential information to any Fed-
from the legal parent or guardian of such ronment;
child solely on the basis of poverty, or with- ‘‘(iv) methods to preserve the confiden- eral, State, or local government entity, or
out a judicial order, except in the case of im- tiality of all records in order to protect the any agent of such entity, that has a need for
minent harm.’’. rights of the child and of the child’s parents such information in order to carry out its re-
(b) ELIGIBILITY REQUIREMENTS.— or guardians, including requirements ensur- sponsibilities under law to protect children
(1) STATE PLAN.—Paragraph (1) of section ing that reports and records made and main- from child abuse and neglect;
106(b) of the Child Abuse Prevention and tained pursuant to the purposes of this Act ‘‘(xii) provisions requiring, and procedures
Treatment Act (42 U.S.C. 5106a(b)) is amend- shall only be made available to— in place that facilitate the prompt
ed to read as follows: ‘‘(I) individuals who are the subject of the expungement of any records that are acces-
‘‘(1) STATE PLAN.— report; sible to the general public or are used for
‘‘(A) IN GENERAL.—To be eligible to receive ‘‘(II) Federal, State, or local government purposes of employment or other background
a grant under this section, a State shall sub- entities, or any agent of such entities, as de- checks in cases determined to be unsubstan-
mit to the Secretary a State plan that— scribed in clause (xi) of this subparagraph; tiated or false, except that nothing in this
‘‘(i) specifies how the grant will be used, ‘‘(III) child abuse citizen review panels; section shall prevent State child protective
and the State’s strategic plan, to treat child ‘‘(IV) child fatality review panels; services agencies from keeping information
abuse and neglect and enhance community- ‘‘(V) a grand jury or court, upon a finding on unsubstantiated reports in their casework
based, prevention-centered approaches that that information in the record is necessary files to assist in future risk and safety as-
attempt to prevent child abuse and neglect for the determination of an issue before the sessment;
while strengthening and supporting families court or grand jury; and ‘‘(xiii) provisions and procedures for re-
whenever possible; and ‘‘(VI) other entities or classes of individ- quiring criminal background record checks
‘‘(ii) meets the requirements of this sub- uals statutorily authorized by the State to that meet the requirements of section
section. receive such information pursuant to a le- 471(a)(20) of the Social Security Act (42
‘‘(B) COORDINATION AND CONSULTATION.— gitimate State purpose; U.S.C. 671(a)(20)) for prospective foster and
‘‘(i) COORDINATION.—Each State, to the ‘‘(v) provisions and procedures requiring adoptive parents and other adult relatives
maximum extent practicable, shall coordi- that in every case involving a victim of child and non-relatives residing in the household;
nate its State plan under this subsection abuse or neglect which results in a judicial ‘‘(xiv) provisions for systems of technology
with its State plan under part B of title IV proceeding, a guardian ad litem, who has re- that support the State child protective serv-
of the Social Security Act (42 U.S.C. 621 et ceived education appropriate to the role, in- ices system and track reports of child abuse
seq.) relating to child and family services cluding education in early childhood, child, and neglect from intake through final dis-
and, in States electing to provide services and adolescent development, and domestic position;
under part E of title IV of the Social Secu- violence, and who may be an attorney or a ‘‘(xv) provisions and procedures requiring
rity Act (42 U.S.C. 670 et seq.) relating to fos- court appointed special advocate who has re- identification and assessment of all reports
ter care prevention services, its State plan ceived education appropriate to that role (or involving children known or suspected to be
under such part E. both), shall be appointed to represent the victims of sex trafficking (as defined in sec-
‘‘(ii) CONSULTATION.—In developing a State child (who, for purposes of this section, shall tion 103(12) of the Trafficking Victims Pro-
plan under this subsection, a State shall con- have any age limit elected by the State pur- tection Act of 2000 (22 U.S.C. 7102 (12));
sult with community-based prevention and suant to section 475(8)(B)(iii) of the Social ‘‘(xvi) provisions, procedures, and mecha-
service agencies, parents and families af- Security Act (42 U.S.C. 675(8)(B)(iii)) in such nisms that assure that the State does not re-
fected by child abuse or neglect in the State, proceedings— quire reunification of a surviving child with
law enforcement, family court judges, pros- ‘‘(I) to obtain first-hand, a clear under- a parent who has been found by a court of
ecutors who handle criminal child abuse standing of the situation and needs of such competent jurisdiction—
cases, and medical professionals engaged in child; and ‘‘(I) to have committed murder (which
the treatment of child abuse and neglect. ‘‘(II) to make recommendations to the would have been an offense under section
‘‘(C) DURATION AND SUBMISSION OF PLAN.— court concerning the best interests of such 1111(a) of title 18, United States Code, if the
Each State plan shall— child; offense had occurred in the special maritime
‘‘(i) be submitted not less than every 5 ‘‘(vi) the establishment of citizen review or territorial jurisdiction of the United
years; and panels in accordance with subsection (c); States) of another child of such parent;
‘‘(ii) if necessary, revised by the State to ‘‘(vii) provisions and procedures to require ‘‘(II) to have committed voluntary man-
inform the Secretary of any substantive that a representative of the child protective slaughter (which would have been an offense
changes, including— services agency shall, at the initial time of under section 1112(a) of title 18, United
‘‘(I) any changes to State law or regula- contact with the individual subject to a child States Code, if the offense had occurred in
tions, relating to the prevention of child abuse or neglect investigation, advise the in- the special maritime or territorial jurisdic-
abuse and neglect that may affect the eligi- dividual of the complaints or allegations tion of the United States) of another child of
bility of the State under this section; or made against the individual, in a manner such parent;
‘‘(II) any changes in the State’s activities, that is consistent with laws protecting the ‘‘(III) to have aided or abetted, attempted,
strategies, or programs under this section.’’. rights of the informant; conspired, or solicited to commit such mur-
(2) CONTENTS.—Paragraph (2) of section ‘‘(viii) provisions, procedures, and mecha- der or voluntary manslaughter;
ctelli on DSK11ZRN23PROD with SENATE
106(b) of the Child Abuse Prevention and nisms— ‘‘(IV) to have committed a felony assault
Treatment Act (42 U.S.C. 5106a(b)) is amend- ‘‘(I) for the expedited termination of paren- that results in the serious bodily injury to
ed to read as follows: tal rights in the case of any infant deter- the surviving child or another child of such
‘‘(2) CONTENTS.—A State plan submitted mined to be abandoned under State law; and parent;
under paragraph (1) shall contain a descrip- ‘‘(II) by which individuals who disagree ‘‘(V) to have committed sexual abuse
tion of the activities that the State will with an official finding of child abuse or ne- against the surviving child or another child
carry out using amounts received under the glect can appeal such finding; of such parent; or
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October 19, 2020 CONGRESSIONAL RECORD — SENATE S6123
‘‘(VI) to be required to register with a sex from the care of health care providers, in- and other social service agencies and pro-
offender registry under section 113(a) of the cluding through— viders;
Adam Walsh Child Protection and Safety Act ‘‘(I) using a risk-based approach to develop ‘‘(x) the services to be provided under the
of 2006 (42 U.S.C. 16913(a)); and each plan of safe care; grant to individuals, families, or commu-
‘‘(xvii) an assurance that, upon the imple- ‘‘(II) addressing, through coordinated serv- nities, either directly or through referrals,
mentation by the State of the provisions, ice delivery, the health and substance use aimed at preventing the occurrence of child
procedures, and mechanisms under clause disorder treatment needs of the infant and abuse and neglect;
(xvi), conviction of any one of the felonies affected family or caregiver as determined ‘‘(xi) the State’s efforts to ensure profes-
listed in clause (xvi) constitute grounds by a family assessment; and sionals who are required to report suspected
under State law for the termination of pa- ‘‘(III) the development and implementation cases of child abuse and neglect are aware of
rental rights of the convicted parent as to by the State of monitoring systems regard- their responsibilities under subparagraph
the surviving children (although case-by- ing the implementation of such plans of safe (A)(i) and receive professional development
case determinations of whether or not to care to determine whether and in what man- relating to performing such responsibilities
seek termination of parental rights shall be ner local entities are providing, in accord- that is specific to their profession and work-
within the sole discretion of the State); ance with State requirements, referrals to place;
‘‘(B) an assurance that the State has in and delivery of appropriate services for the ‘‘(xii) policies and procedures encouraging
place procedures for responding to the re- infant and affected family or caregiver; the appropriate involvement of families in
porting of medical neglect (including in- ‘‘(iii) policies and procedures to make decisionmaking pertaining to children who
stances of withholding of medically indi-
available to the public on the State website experienced child abuse or neglect;
cated treatment from infants with disabil-
the data, findings, and information about all ‘‘(xiii) the State’s efforts to improve appro-
ities who have life-threatening conditions),
cases of child abuse or neglect resulting in a priate collaboration among child protective
procedures or programs, or both (within the
child fatality or near fatality, including a services agencies, domestic violence services
State child protective services system), to
description of— agencies, substance use disorder treatment
provide for—
‘‘(I) how the State will not create an excep- agencies, and other agencies in investiga-
‘‘(i) coordination and consultation with in-
dividuals designated by and within appro- tion to such public disclosure, except in a tions, interventions, and the delivery of serv-
priate health-care facilities; case in which— ices and treatment provided to children and
‘‘(ii) prompt notification by individuals ‘‘(aa) the State would like to delay public families affected by child abuse or neglect,
designated by and within appropriate health- release of case-specific findings or informa- including children exposed to domestic vio-
care facilities of cases of suspected medical tion (including any previous reports of do- lence, where appropriate;
neglect (including instances of withholding mestic violence and subsequent actions ‘‘(xiv) policies and procedures regarding
of medically indicated treatment from in- taken to assess and address such reports) the use of differential response, as applica-
fants with disabilities who have life-threat- while a criminal investigation or prosecu- ble, to improve outcomes for children; and
ening conditions); and tion of such a fatality or near fatality is ‘‘(xv) the State’s efforts to reduce racial
‘‘(iii) authority, under State law, for the pending; bias in its child protective services system.’’.
State child protective services system to ‘‘(bb) the State is protecting the identity (3) LIMITATIONS.—Paragraph (3) of section
pursue any legal remedies, including the au- of a reporter of child abuse or neglect; or 106(b) of the Child Abuse Prevention and
thority to initiate legal proceedings in a ‘‘(cc) the State is withholding identifying Treatment Act (42 U.S.C. 5106a(b)) is amend-
court of competent jurisdiction, as may be information of members of the victim’s fam- ed—
necessary to prevent the withholding of ily who are not perpetrators of the fatality (A) in the paragraph heading, by striking
medically indicated treatment from infants or near fatality; and ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’;
with disabilities who have life-threatening ‘‘(II) how the State will ensure that in pro- (B) by striking ‘‘With regard to clauses (vi)
conditions; viding the public disclosure required under and (vii) of paragraph (2)(B),’’ and inserting
‘‘(C) an assurance or certification that pro- this clause, the State will include— the following:
grams and education conducted under this ‘‘(aa) the cause and circumstances of the ‘‘(A) DISCLOSURE OF CERTAIN IDENTIFYING
title address the unique needs of unaccom- fatality or near fatality; INFORMATION.—With regard to subparagraphs
panied homeless youth, including access to ‘‘(bb) the age and gender of the child; and (A)(iv) and (D)(iii) of paragraph (2),’’;
enrollment and support services and that ‘‘(cc) any previous reports of child abuse or (C) by striking the period at the end and
such youth are eligible for under parts B and neglect investigations that are relevant to inserting ‘‘; and’’; and
E of title IV of the Social Security Act (42 the child abuse or neglect that led to the fa- (D) by adding at the end the following:
U.S.C. 621 et seq., 670 et seq.) and meet the tality or near fatality; ‘‘(B) PUBLIC ACCESS TO COURT PRO-
requirements of the McKinney-Vento Home- ‘‘(iv) how the State will use data collected CEEDINGS.—Nothing in paragraph (2) shall be
less Assistance Act (42 U.S.C. 11301 et seq.); on child abuse or neglect to prevent child fa- construed to limit the State’s flexibility to
and talities and near fatalities; determine State policies relating to public
‘‘(D) a description of— ‘‘(v) how the State will implement efforts access to court proceedings to determine
‘‘(i) policies and procedures (including ap- to prevent child fatalities and near fatali- child abuse and neglect, except that such
propriate referrals to child welfare service ties; policies shall, at a minimum, ensure the
systems and for other appropriate services ‘‘(vi) the cooperation of State law enforce- safety and well-being of the child, parents,
(including home visiting services and mutual ment officials, court of competent jurisdic- and families.’’.
support and parent partner programs) deter- tion, and appropriate State agencies pro- (4) DEFINITIONS.—Paragraph (4) of section
mined by a family assessment) to address the viding human services in the investigation, 106(b) of the Child Abuse Prevention and
needs of infants born with and identified as assessment, prosecution, and treatment of Treatment Act (42 U.S.C. 5106a(b)) is amend-
being affected by substance use or with- child abuse and neglect; ed—
drawal symptoms resulting from prenatal ‘‘(vii) the steps the State will take to im- (A) in the paragraph heading, by striking
drug exposure, or a Fetal Alcohol Spectrum prove the professional development, reten- ‘‘DEFINITIONS’’ and inserting ‘‘DEFINITION’’;
Disorder, including a requirement that tion, and supervision of caseworkers and how (B) by striking ‘‘this subsection’’ and all
health care providers involved in the deliv- the State will measure the effectiveness of that follows through ‘‘means an act’’ and in-
ery or care of such infants notify the child such efforts; serting the following: ‘‘this subsection, the
protective welfare service system of the oc- ‘‘(viii) the State’s plan to ensure each child term ‘near fatality’ means an act’’;
currence of such condition in such infants, under the age of 3 who is involved in a sub- (C) by striking ‘‘; and’’ and inserting a pe-
except that— stantiated case of child abuse or neglect will riod; and
‘‘(I) child protective services shall under- be referred to the State’s child find system (D) by striking subparagraph (B).
take an investigation only when the findings under section 635(a)(5) of the Individuals
of a family assessment warrant such inves- with Disabilities Education Act (20 U.S.C. (c) CITIZEN REVIEW PANELS.—Section 106(c)
tigation; and 1435(a)(5)) in order to determine if the child of the Child Abuse Prevention and Treat-
‘‘(II) such notification shall not be con- is an infant or toddler with a disability (as ment Act (42 U.S.C. 5106a(c)) is amended—
strued to— defined in section 632(5) of such Act (20 (1) in paragraph (1)(B), by striking ‘‘EXCEP-
‘‘(aa) establish a definition under Federal U.S.C. 1432(5))); TIONS.’’ and all that follows through ‘‘A
law of what constitutes child abuse or ne- ‘‘(ix) the State’s plan to improve, as part of State may’’ and inserting ‘‘EXCEPTION.—A
glect; or a comprehensive State strategy led by law State may’’;
‘‘(bb) require prosecution for any illegal enforcement, professional development for (2) in paragraph (4)(A)—
ctelli on DSK11ZRN23PROD with SENATE
action; child protective services workers and their (A) in the matter preceding clause (i), by
‘‘(ii) the development of a multi-discipli- appropriate role in identifying, assessing, striking ‘‘and where appropriate, specific
nary plan of safe care for the infant born and and providing comprehensive services for cases,’’; and
identified as being affected by substance use children who are sex trafficking victims, in (B) in clause (iii)(I), by striking ‘‘foster
or withdrawal symptoms or a Fetal Alcohol coordination with law enforcement, juvenile care and adoption programs’’ and inserting
Spectrum Disorder to ensure the safety and justice agencies, runaway and homeless ‘‘foster care, prevention, and permanency
well-being of such infant following release youth shelters, and health, mental health, programs’’; and
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S6124 CONGRESSIONAL RECORD — SENATE October 19, 2020
(3) by amending the first sentence of para- ‘‘(B) How to prevent child sexual abuse and ‘‘(1) A detailed synthesis of the existing re-
graph (6) to read as follows: ‘‘Each panel es- systemic child sexual abuse from occurring search literature examining barriers and
tablished under paragraph (1) shall prepare in organizations, which shall include rec- challenges to, and best practices for the
and make available to the State and the pub- ommendations to improve— scalability of child welfare programs and
lic, on an annual basis, a report containing a ‘‘(i) practices and policies for the edu- services as well as programs and services for
summary of the activities of the panel, the cation of parents, caregivers, and victims, vulnerable children and families in related
criteria used for determining which activi- and age appropriate education of children, fields, including healthcare and education.
ties the panel engaged in, and recommenda- about risk factors or signs of potential child ‘‘(2) Data describing state and local pro-
tions or observations to improve the child sexual abuse; and viders’ experiences with scaling treatments
protective services system at the State and ‘‘(ii) the efficacy of applicable State laws that reduce the trauma resulting from child
local levels, and the data upon which these and the role such laws play in deterring or abuse and neglect and reduce the risk of re-
recommendations or observations are preventing incidences of child sexual abuse. victimization.
based.’’. ‘‘(C) The feasibility of making available ‘‘(3) Consultation with experts in child wel-
(d) A NNUAL S TATE D ATA R EPORTS .—Section the disposition of a perpetrator within an or- fare, healthcare, and education.
106(d) of the Child Abuse Prevention and ganization to— ‘‘(c) REPORT.—Not later than 3 years after
Treatment Act (42 U.S.C. 5106a(d)) is amend- ‘‘(i) the child alleging sexual abuse or the the date of the enactment of the Human
ed— child’s family; or Services and Community Supports Act, the
(1) by amending paragraph (13) to read as ‘‘(ii) an adult who was a child at the time Secretary shall submit to the Committee on
follows: of the sexual abuse claim in question or the Health, Education, Labor, and Pensions of
‘‘(13) The annual report containing the adult’s family. the Senate and the Committee on Education
summary of the activities and recommenda- ‘‘(2) TASK FORCE COMPOSITION.—For pur- and Labor of the House of Representatives a
tions of the citizen review panels of the poses of this subsection, a State task force report that contains the results of the study
State required by subsection (c)(6), and the shall include— conducted under subsection (a), including
actions taken by the State as a result of ‘‘(A) the members of the State task force recommendations for best practices for scal-
such recommendations.’’; described in section 107(c) for the State; and ing treatments that reduce the trauma re-
(2) in paragraph (15), by striking ‘‘sub- ‘‘(B) the following: sulting from child abuse and neglect and re-
section (b)(2)(B)(ii)’’ and inserting ‘‘sub- ‘‘(i) Family court judges. duce the risk of revictimization.
section (b)(2)(D)(i)’’; ‘‘(ii) Individuals from religious organiza-
‘‘(d) STUDY AND REPORT ON MARITAL AGE OF
(3) in paragraph (16), by striking ‘‘sub- tions.
CONSENT.—
section (b)(2)(B)(xxi)’’ and inserting ‘‘sub- ‘‘(iii) Individuals from youth-serving orga-
‘‘(1) STUDY.—The Secretary shall study,
section (b)(2)(D)(viii)’’; nizations, including youth athletics organi-
with respect to each State—
(4) in paragraph (17), by striking ‘‘sub- zations.
‘‘(3) REPORTING ON RECOMMENDATIONS.—Not ‘‘(A) the State law regarding the minimum
section (b)(2)(B)(xxiv)’’ and inserting ‘‘sub- marriage age; and
section (b)(2)(A)(xv)’’; later than 6 months after a State task force
makes recommendations under paragraph ‘‘(B) the prevalence of marriage involving
(5) in paragraph (18)— a child who is under the age of such min-
(1), the State maintaining such State task
(A) in subparagraph (A), by striking ‘‘sub- imum marriage age.
force shall—
section (b)(2)(B)(ii)’’ and inserting ‘‘sub- ‘‘(2) FACTORS.—The study required under
‘‘(A) make public the recommendations of
section (b)(2)(D)(i)’’; paragraph (1) shall include an examination
such report;
(B) in subparagraph (B), by striking ‘‘sub- of—
‘‘(B) report to the Secretary on the status
section (b)(2)(B)(iii)’’ and inserting ‘‘sub- ‘‘(A) the extent to which any statutory ex-
of adopting such recommendations; and
section (b)(2)(D)(ii)’’; and ceptions to the minimum marriage age in
‘‘(C) in a case in which the State declines
(C) in subparagraph (C), by striking ‘‘sub- such laws contribute to the prevalence of
to adopt a particular recommendation, make
section (b)(2)(B)(iii)’’ and inserting ‘‘sub- marriage involving a child described in para-
public the explanation for such declination.
section (b)(2)(D)(ii)’’; and graph (1)(B);
‘‘(4) DEFINITIONS.—For purposes of this sub-
(6) by adding at the end the following: section— ‘‘(B) whether such exceptions allow such a
‘‘(19) The number of child fatalities and ‘‘(A) the terms ‘child sexual abuse’ and child to be married without the consent of
near fatalities from maltreatment and re- ‘sexual abuse’ shall not be limited to an act such child; and
lated information in accordance with the or a failure to act on the part of a parent or ‘‘(C) the impact of such exceptions on the
uniform standards established under section caretaker; safety of such children.
103(d).’’. ‘‘(B) the term ‘organization’ means any en- ‘‘(3) REPORT.—Not later than 1 year after
(e) ALLOTMENTS.—Section 106(f) of the tity that serves children; and the date of enactment of the Human Services
Child Abuse Prevention and Treatment Act ‘‘(C) the term ‘systemic child sexual abuse’ and Community Supports Act, the Secretary
(42 U.S.C. 5106a(f)) is amended by adding at means— shall submit to the Committee on Health,
the end the following: ‘‘(i) a pattern of informal or formal policy Education, Labor, and Pensions of the Sen-
‘‘(6) LIMITATION.—For any fiscal year for or de facto policy to not follow State and ate and the Committee on Education and
which the amount allotted to a State or ter- local requirements to report instances of Labor of the House of Representatives a re-
ritory under this subsection exceeds the child sexual abuse in violation of State and port containing the findings of the study re-
amount allotted to the State or territory local mandatory reporting laws or policy; or quired by this subsection, including any best
under such subsection for fiscal year 2019, ‘‘(ii) a pattern of assisting individual per- practices.
the State or territory may use not more petrators in maintaining their careers de- ‘‘(e) STUDY AND REPORT ON STATE MANDA-
than 2 percent of such excess amount for ad- spite substantiated evidence of child sexual TORY REPORTING LAWS.—
ministrative expenses.’’. abuse.’’. ‘‘(1) STUDY.—The Secretary shall collect
SEC. 107. MISCELLANEOUS REQUIREMENTS. SEC. 108. REPORTS. information on and otherwise study State
Section 108 of the Child Abuse Prevention (a) SCALING EVIDENCE-BASED TREATMENT OF laws for mandatory reporting of incidents of
and Treatment Act (42 U.S.C. 5106d) is CHILD ABUSE AND NEGLECT.—Section 110 of child abuse or neglect. Such study shall ex-
amended— the Child Abuse Prevention and Treatment amine trends in referrals and investigations
(1) in subsection (b), by inserting ‘‘Indian Act (42 U.S.C. 5106f) is amended to read as of child abuse and neglect due to differences
tribes, and tribal organizations,’’ after follows: in such State laws with respect to the inclu-
‘‘States,’’; ‘‘SEC. 110. STUDY AND REPORT RELATING TO sion, as mandatory reporters, of the fol-
(2) by redesignating subsections (c) SCALING EVIDENCE-BASED TREAT- lowing individuals:
through (e) as subsections (d) through (f), re- MENT OF CHILD ABUSE AND NE- ‘‘(A) Individuals licensed or certified to
spectively; and GLECT; STUDY AND REPORT ON practice in any health-related field licensed
MARITAL AGE OF CONSENT; STUDY
(3) by inserting after subsection (b) the fol- by the State, employees of health care facili-
AND REPORT ON STATE MANDATORY
lowing: REPORTING LAWS. ties or providers licensed by the State, who
‘‘(c) PROTECTING AGAINST SYSTEMIC CHILD ‘‘(a) IN GENERAL.—The Secretary shall con- are engaged in the admission, examination,
SEXUAL ABUSE.— duct a study that examines challenges to, care or treatment of individuals, including
‘‘(1) REPORTING AND TASK FORCE.—Not later and best practices for, the scalability of mental health and emergency medical serv-
than 24 months after the date of the enact- treatments that reduce the trauma resulting ice providers.
ment of the Human Services and Community from child abuse and neglect and reduce the ‘‘(B) Individuals employed by a school who
Supports Act, each State task force estab- risk of revictimization, such as those allow- have direct contact with children, including
ctelli on DSK11ZRN23PROD with SENATE
lished under section 107(c) and expanded as able under sections 105 and 106. teachers, administrators, and independent
described in paragraph (2) shall study and ‘‘(b) CONTENT OF STUDY.—The study de- contractors.
make recommendations on the following, scribed in subsection (a) shall be completed ‘‘(C) Peace officers and law enforcement
with a focus on preventing systemic child in a manner that considers the variability personnel.
sexual abuse: among treatment programs and among popu- ‘‘(D) Clergy, including Christian Science
‘‘(A) How to detect systemic child sexual lations vulnerable to child abuse and ne- practitioners, except where prohibited on ac-
abuse that occurs in an organization. glect. The study shall include, at minimum: count of clergy-penitent privilege.
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